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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118115
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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can you give me free advice on a crimal claas c theft charge

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can you give me free advice on a crimal claas c theft charge I received from walmart bangor maine for 1,0000 dollors I have never had a recoed or been to court need advice as to what to do
Thank you for your question. While I look forward to working with you to provide you the information you are seeking, please understand you have made a deposit and when we are finished you will be expected to leave positive feedback for the expert who assisted you and this site is not completely free.
Customer: replied 4 years ago.
Relist: Inaccurate answer.
We wish you all of the best.
Customer: replied 4 years ago.

I need to know some advice about a class c crimal theft charge with walmart I have never been to court before or ever had a crimal record or anyother record for anything I have to go to court on july 18 2013 do not even know what to expect a fine or jail or what can you give me some advice?

Yes, I would be able to provide you information, but you need to please understand the terms of this service. I really enjoy working with customers like you, but it is unfair to me and to you for you to not understand how this service exactly works and the terms and that we cannot represent you or make personal referrals.

If you understand and agree to all of those terms, including that you are expected to leave positive feedback when we are completely finished answering your questions and providing you information (including all of your follow up questions) then we would be more than happy to help.

Please tell us the facts and circumstances surrounding your case so we can better give you information to help you be informed when you go to court.
Customer: replied 4 years ago.

I am truly sorry if you took me wrong I am not a computer expert and I got on this site somehow I don't know how but since I paid for it I will try to use it to the best of my ability.It is confusing to me how to get my answers and where to get them on this site. I know I put in the same question more then once but have not really received any type of advice so direct me as to what to put in response .I am just looking for some legal advice as maybe what to expect in my situation to this class c theft crimal charge of 1000 dollars with wallmart I do not want a lawyer cant afford one just want some advice as to what maybe to expect. If I plead guilty in court what might become of it because I know they will find me guilty do not want a trial. so just wanted to talk about what happened and maybe get some advice so I kind of know what to expect when I have to go to court. I did not get arrested at the time. just a summons to appear in court it says on it class c crimal .

Thank you for your response. I did not take you wrong, I know this site is very confusing and I work hard many times to just make sure customers understand. It is not your fault at all it is the confusion caused sometimes by this site and the experts are independent and experience the same issues as customers, so the set up of the site is out of the control of the experts as well.

So you received a Class C felony charge for theft in ME, this is a very serious matter as it carries a maximum penalty of up to 5 years in prison, plus 2 years probation and fines up to $5000. You are legally entitled to representation for free from an attorney under your 6th Amendment rights.

When you appear in court the first time, it is known as arraignment or first appearance. This is where you enter your plea of not guilty and you ask the court to appoint you a public defender to represent you since you cannot afford an attorney.

You MUST plead not guilty for arraignment and get the attorney appointed. Once you have an attorney appointed, the attorney is going to review the police reports and the evidence and will need to determine if they have grounds to actually challenge the evidence or the stop to get the evidence thrown out. If the attorney can do that, they could actually get your case dismissed.

Of course, if the attorney cannot do that, their next step is to negotiate a plea agreement with the prosecutor based on you being a first offender. As a first offender the prosecutor has the option to agree to a deferred sentence, which means you can be given probation that you have to comply with for up to 3-5 years and if you have no further arrests for anything, they will dismiss the charges against you. This type of first offender sentence has to be negotiated for but would be beneficial to you with not having any prior offenses.

DO NOT plead guilty. Go to court, plead not guilty and ask for appointment of an attorney as is your constitutional right and have them at least negotiate a deal for you.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

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Customer: replied 4 years ago.

should I still plead not guilty if they got me on a camerea saying that they saw me put stuff in a bag. will they take that to court? and show the judge? another question I have is I received a letter in the mail from an attorney that was hired by walmart to settle a civil demand of 500.00 what if I pay that how does that work and is It going to help me or is this 2 separate cases because that is what they told me when I called them at that lawyers I do not understand.can you maybe expain a little about that to me? thank you I am so scared about this I don't know what I was doing or thinking at the time. If I pead guilty will this have to go on for a long time if they give me a lawyer or will I have a trial I don't know if I could handle anymore stress or depression of this that is why I need as much advice as I can get. I am really scared what is going to happen to me.

Thank you for your response.

First, you should indeed still plead not guilty and get an attorney appointed. You do not need to have a felony conviction on your record as it will destroy your life forever and you have a chance at getting a deal as a first offender which will allow the case to eventually be dismissed and removed from your record. It does not matter they have a video, you can still plead not guilty, get an attorney appointed and they can and still will negotiate to get you a deal as a first offender. While it may take a little longer for the case to get over with, it is a whole lot better than you having a felony conviction you cannot remove from your record.

Second, under Maine law for shoplifting, the merchant has a right of civil recovery in addition to criminal charges. It is a second case, it is a civil case. The good thing is that this can be used by your attorney who is appointed to you to negotiate with the store to decline prosecution in exchange for you paying the civil fine. Most times the stores do not want to go to court, so they will agree to decline to prosecute, meaning the criminal case can get dismissed, if you pay the civil fine. This is another reason for you to plead not guilty and then let your public defender negotiate for you.

This case will not go to trial if your attorney can work out a deal for you and while I know it is stressful for you, in your best interests you still need to plead not guilty and be patient to let the public defender negotiate a deal for you and possibly even negotiate with the store to dismiss the criminal charges completely.