Pleading not guilty (summary offence) retail theft for $100.

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Pleading not guilty (summary offence) retail theft for $100.

What are the chances to...

Pleading not guilty (summary offence) retail theft for $100. What are the chances to reach a plea deal .. or usually prosecutor is adamant to prove guilt as he has prove in video capture.

And how likely is the jail term.

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Customer reply replied 7 years ago

Thanks for your time to reply. Please excuse my ignorance but I was reading online as per few postings it seems like ARDs are not applicable for summary offences.

And my second concern is that - isn't is possible that prosecutor will stick to prove guilt having the proof captured in video cameras.

And what is the role of fingerprinting as I got a letter to be fingerprinted and is there a mugshot taken with fingerprinting ? And will this all be available in public domain.

And can you please explain when you say summary offence is not considered as crime but only an infraction in PA ? what is infraction and how it differs form crime. And does it hold true for all summary offences (because I was reading somewhere that it is not so for retail theft). Because as per papers I received it says - store pressed private criminal charges against me.

Customer reply replied 7 years ago

I am so grateful for such a detailed reply.

Just couple of last questions.

So when a attorney files paper for "not guilty". What is the next step ? I got a bit confused when you said " only defendant can initiate a trial".

If attorney pleads not guilty what all can really happen next. Is pleading not guilty is not as good as asking for trial, because prosecutor won't accept it as he has proof.

And if at all it goes to trial .. there is a possibility of jail term ? Even when (As you suggested) summary offence is not a crime but criminal infraction.

Criminal Lawyer: Zoey_ JD, Criminal Defense Lawyer replied 7 years ago

Hello,

It is customary in this country for a defendant to plead not guilty, even if later on he wants to take a plea. Pleading NOT guilty is the only plea that keeps all of a defendant's rights open. Anything else closes the case with a criminal conviction.

A defendant can take back his NOT guilty plea any time he wants to during the pendency of the case, and then take a plea. But he should never do that unless he knows what penalty the DA and judge are going to ask for. So yes, NOT guilty does point the case in the direction of a trial, but the defendant has the power to take that back whenever he wants.

It does not work the other way around. That is, once you plead guilty, you can't count on being restored to innocence again. That's why you have to be informed of what all of your risks and choices are before you take a plea. After, it's usually too late.

Yes, as I have said, while a summary offense is considered something less than a misdemeanor, it does have a maximum penalty of 6 months in jail. So if you go to trial and lose, expect to spend some time in jail for the offense. But like I say, if you and your lawyer look at the video and you are caught red-handed shoplifting, then your lawyer would recommend that you don't go to trial.

It is now very late, and I have to go to sleep for the evening. If there's something else that you think of, you can reply again and I will take care of it when I wake up in the morning.

If I've explained it all, then it just remains for me to wish you good luck on the case.

Zoey_ JD, Criminal Defense Lawyer

Category: Criminal Law

Satisfied Customers: 40,598

Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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Criminal Lawyer: Zoey_ JD, Criminal Defense Lawyer replied 7 years ago · Answer 1

Hello,

A summary offense in Pennsylvania is not considered a crime but only an infraction. A fairly good deal can usually be worked out for a first offense of this kind. It would probably involve ARD (alternative rehabitative disposition) which is a form of probation with conditions which can cause the case to be dismissed at the end of the probationary term if completed satisfactorily. These usually involve community service, fines and an anti-theft class as well as some time under the supervision of probation.

It is not hard to get such a disposition, especially with a lawyer. And there is almost no possibility of jail so long as one is present for his or her court dates.

Criminal Lawyer: Zoey_ JD, Criminal Defense Lawyer replied 7 years ago · Answer 2

Hello,

You are incorrect. ARD is readily available for summary offenses. (See link to PA Law) Pennsylvania has misdemeanors and felonies. They are crimes. They also have summary offenses. They are criminal infractions. You can get convicted of a summary offense in a criminal court, and it will show up on your criminal record, but it is still only an infraction. Crimes are misdmeanors and felonies only.

It's the defendant's choice and not the states to go to trial. The defendant can always plead guilty or no contest to avoid trial..If a defendant wants a trial, he or she would have the right to it of course. But because the DA has a video, a defendant would almost always choose to forego a trial rather than to lose and get sentenced to a period of incarceration. The video would be used against him at trial and depending upon what the video showed, he would be wise not to choose a trial.

The matter is a criminal offense and therefore your photo and fingerprints are required. The arrest and the disposition of this case will be on your criminal record. If it is dismissed, that dismissal will also be recorded on your criminal record. If you are an immigrant you cannot plead to shoplifting because it's a crime of moral turpitude, but your lawyer will be able to work that out fairly easily easily for you if you wish to resolve this case.

I realize that this is an important matter to you. But with a lawyer, this will almost certainly come out with your case being dismissed and with you able to avoid any serious problem with USCIS. Just don't try to do this for yourself. Make sure you have counsel, and if you can't afford one, plead not guilty and ask the court to appoint you a public defender.

Pleading not guilty (summary offence) retail theft for $100.

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