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I do not think the prosecutor amended the charges.the

Customer Question
prosecution refused the case initially...
I do not think the prosecutor amended the charges.the prosecution refused the case initially and the security guard prosecuted my niece.
The security guard is listed as the sole complaintant with the removal of a shopping cart charge , on a summons.
The store is in my nieces side. They say that the security guard is purposely harassing her.
Since the court did things quite illegally, I do not believe they desire an appellate review.
My niece could not pay the fines and is doing community service instead of her ordered fines.
Could this be said to be a plea agreement even though she has had a verdict and fine against her?
Submitted: 25 days ago.Category: Criminal Law
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Answered in 11 hours by:
3/30/2018
Criminal Lawyer: LegalDan, Criminal Defense Lawyer replied 25 days ago
LegalDan
LegalDan, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 335
Experience: Partner at McCollum Hodgkinson, P.C.
Verified

Yes that would be considered a resolution/plea to the case if she was ordered to complete community service hours. However, if the prosecution refused the case there would be no criminal record, there would just be the action by the security guard. The community service hours would be in lue of court.

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Customer reply replied 17 days ago
My niece was not ordered to complete community service hours..She did not think that she could afford the fine and that it would be a hardship.So she wrote a letter to the Judge requesting volunteer work/ community service in lieu of a fine.The Judge said okand the clerk immediately called my niece with the news.However, when we went to pay the monthly fines, we asked for a receipt and saw totally different charges.They are now:1. TRY. 10-2017 CHG FALSE ID TO LAW ENFORCEMENT2. OFF 4-2017. OL# ***** DMV NOT SENTThe prosecution told me they initially refused in lower court. However, in higher court" once appealed, they say they were ordered to take over. But I would rather see the written facts in writing, since this whole thing is bizarre.Since the prosecution took over in the higher circuit court, does my niece have a resulting criminal record?Was this a joke and not real?
Criminal Lawyer: LegalDan, Criminal Defense Lawyer replied 17 days ago

If the prosecution has taken over the case your niece can have a criminal record. You will need to write the prosecutor and get the information from them. It does seem like formal charges were filed and your niece was prosecuted.

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Customer reply replied 16 days ago
Can my niece get her file from the prosecution?
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LegalDan, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 335
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