I would recommend retaining an attorney for this matter. This response does not contain specific legal advice. If you need specific legal advice, you should consult with an attorney. If you cannot afford an attorney, the court may appoint you one at the public’s expense. You are presumed innocent until proven guilty beyond a reasonable doubt. Only if a person is ultimately convicted or if they plead guilty will they be sentenced. In Michigan, the maximum penalties for a retail fraud, third, usually charged in alleged shop-lifting cases for merchandise with a value under $200.00, is 93 days in jail, probation up to two years, a fine of not more than $500.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine. MCL 750.356d. Please note, however, that these are the maximum possible penalties. Judges in Michigan misdemeanor cases have a wide latitude with their sentences up to the maximum pursuant to the applicable statute. Policies and practices vary widely depending on the judge and county. An arraigning judge usually advises a defendant of their maximum possible penalties pursuant to the law.

Answer Applies to: Michigan
Replied: 11/1/2011

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It's up to you. Theft is a very bad thing to have on your record in that it can affect not only future job prospects but also can prevent you for being granted various licenses (i.e. real estate, teaching, law etc.) An attorney could negotiate a better disposition than you can alone if he knows what he is doing. I would choose on very carefully.

Answer Applies to: California
Replied: 10/9/2011

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When you go to court you will be up against a prosecutor that does his job every day. He is much better at getting you convicted than you by yourself are of getting a result that you can live with. Wouldnt it be better for you to have someone just a knowledgeable presenting your case? Like all criminal cases the outcome of your case will depend on the facts. You need someone to review your case and give you the options.

Answer Applies to: California
Replied: 10/8/2011

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Yes! A criminal charge of theft can ruin your reputation and possible opportunities for employment. You should hire an attorney to possibly get the charges reduced or dismissed.

Answer Applies to: California
Replied: 10/8/2011

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Absolutely. Without one, you have no real choice but to plead guilty. Theft is a crime of moral turpitude, so if you have it you can forget about obtaining any meaningful employment in the next decade. Don't take it lightly.

Answer Applies to: California
Replied: 10/7/2011

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You are likely charged with petty theft. Depending on what county you are in, that may mean there is a petty theft diversion or it may mean they will try to get a misdemeanor conviction on you. If you want to fight the case, you will need the police report to determine what evidence has convinced them to go this far. If the store owner indicates he saw you steal and you say he really did nothe is making that up because he hates meI would not expect the DA to simply agree to dismiss on your good word. that is why people get attorneys. You can certainly go to your own arraignment and pretrial and see if the DA is in agreement with you. but whether you get an attorney at the beginning or after you have been to pretrial, most of us charge a flat rate either way, so it does not save money to wait.

Answer Applies to: California
Replied: 10/7/2011

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You're facing criminal charges. You absolutely need a lawyer, especially if you didn't do anything wrong. A theft conviction can have devastating impact on your record, employability in the future, etc. If these charges are completely unfounded, your attorney can also assist you in pursuing a petition for factual innocence where the arrest is purged from your record. The first focus is to clear up the case though. You've got to have a lawyer. Start meeting with local attorneys. Look for one that focuses on criminal defense and who routinely practices in the court where your case will be heard. In the mean time, don't say anything to anyone except your attorney about this. Any statement you make at this point can only hurt you.

Answer Applies to: California
Replied: 10/7/2011

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I would suggest very strongly that you hire an attorney. Your assertions that the owner hates you and is fabricating the theft have not yet convinced anyone you are not guilty. You might need the assistance of a pro at proving things.

Answer Applies to: California
Replied: 10/7/2011

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You are never required to have an attorney, but it is foolish not to. If nothing else, get the advise of the Public Defender. They are available to represent you if you cannot afford an attorney. If you are innocent then obviously you need to put forth your defense and any evidence you have to support it. You may have to go to trial if the case cannot be settled. You do not want to do this without an attorney.

Answer Applies to: California
Replied: 10/7/2011

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You always need an attorney. The question is whether you need to hire one or if the public defender will suffice. Since you have a court date, just keep quiet, ask for the PD, get their advice and if you don't like it, then hire counsel. Don't get conned into pleading guilty to anything if factually you are not.

Answer Applies to: California
Replied: 10/7/2011

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I would highly recommend hiring an attorney to defend you in this case. You want to avoid having a misdemeanor conviction on your record if possible.

Answer Applies to: California
Replied: 10/7/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.