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Back in January my doctor prescribed me a few different anti…

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Back in January my doctor...
Back in January my doctor prescribed me a few different anti depressants along with Xanax. When I took them they made me black out. During that black out I stole stuff from a store. I don't remember any of it happening and didn't know it happened until I got a summons in the mail. I got put on probation in June and am on it until next June. I have no previous criminal record at all. Is there anything I can do?
Submitted: 8 months ago.Category: Legal
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Answered in 2 minutes by:
11/14/2017
Lawyer: Zoey, JD, Attorney replied 8 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 31,346
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. If you're on probation, did you already plead guilty to this charge and are serving your sentence? Will your case be dismissed after you complete it?

What are you hoping to have happen?

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Lawyer: Zoey, JD, Attorney replied 8 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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Customer reply replied 8 months ago
I did plead guilty and am on ARD so it will be cleared when I finish probation.
Lawyer: Zoey, JD, Attorney replied 8 months ago

Thank you for the reply.

If you got ARD, you're working on a dismissal of your summary offense and as soon as you've got it, you'd be eligible to expunge it from your record. You would be able to say that you have no criminal convictions. This is a very good deal for you, and there would not be a better deal possible.

If you want to try to reopen your case on the grounds that you did not know what you were doing at the time you took the merchandise from the store, you could talk to a lawyer about doing that for you. However, unless you were on also on medication that affected your judgment at the time that you took this plea to that offense, the judge is not going to let you have your plea back.

Also, even assuming he would let you have your plea back, is that what you really want? You would then have to go to trial on the case and defend it on the grounds that you could not have known what you were doing. If you don't win, you will end up with a conviction for a summary offense, have to serve a sentence as well and would not be able to apply to get it off of your record until 5 years pass from the date your case finishes.

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Lawyer: Zoey, JD, Attorney replied 8 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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