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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117373
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I was issued a non traffic citation theft but I didn't plea

Customer Question

I was issued a non traffic citation for retail theft but I didn't plea guilty yet because I did not say anything and the lady who they brought as a witness for the case said she didn't see anyone take anything but because of the two people background they don't want to believe them because of the background from a different state I never been in trouble before as was never panning to the lady mentioned that she didn't see anyone take anything but then said she saw me take a bag of feminine products but didn't see it in my hand nor cart . that is no the truth I was in the front of the store near her with no purse my purse was in the cart the whole time I cant get a public defender because it does not involve jail time do you thin I have a chance of winning this by myself . I am not a thief I make 1600 every 2 weeks at my job I do not need to steal.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

You SHOULD NOT plead guilty if their witness said she did not see anyone take anything. If they cannot present any witnesses, then the court should dismiss the charges or find you not guilty.

If the witness says they did not see anything, you need to ask the court to dismiss or ask them for a "directed verdict" in your favor and to find you not guilty, since they have to present a witness to testify to prove beyond a reasonable doubt that you committed the theft and if they cannot do that you should not plead guilty and ask for a dismissal.