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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Yes, there is a way to keep this conviction off of her criminal record. Your first step is to hire a private criminal defense attorney. If you have not found an attorney by the arraignment date, tell the judge that you wish to hire private counsel and need more time. The request will likely be granted.

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

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"Not Guilty." Some people do not understand that even when a person HAS done something wrong, that it still may not be sufficient to support a conviction. Sometimes there are problems of proof, witness unavailability, questions re witness credibility etc. which may cause the prosecution to fail. Thus, knowing this, an experienced defense attorney will not let this client plead guilty without first examining all of the evidence very closely. Further, any viable options should be pursued, and each in turn examined for their effect on the client and their life goals. Some courts in this situation may let the client do a diversion-type program that would result in no conviction on their permanent record. Other courts may consider a "no contest" plea to a lesser offense which can be expunged (erased) from their record after a short probationary period. There are many possible options which is why you should contact an experienced defense attorney for analysis and action!

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

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You should generally plead not guilty at the arraignment unless the DA is offering some sort of deal you can't refuse. You will generally do better pleading the case out later after an attorney has had a chance to review the evidence, hear your defense, advise you, and try for the best deal. Sometimes theft charges are resolved by having the defendant complete an anti-theft class and reducing the charge to an infraction (no record) or dismissing it upon proof of completion. Worst case scenario is that the conviction can be expunged upon successful completion of probation.

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

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Yes, but it won't happen with her representing herself. She needs an experienced lawyer. The arraignment should be continued so she has time to look for a lawyer.

Answer Applies to: California
Replied: 10/6/2011

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Not guilty. Get a plea in abeyance. That's where they put off entering the plea for a certain period of time. If at the end of that time, she does what they tell her to do (community service, restitution, classes, stay out of trouble, etc.) then the charges are dismissed. If a plea in abeyance is not available, then get an agreement for some kind of diversion. That's where she pleads guilty, does the stuff they tell her to do, then at the end if she does the plea is withdrawn and the charges dismissed. The latter is not as attractive because you have to enter a guilty plea.

Answer Applies to: California
Replied: 10/6/2011

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She should hire an attorney to defend her. It is possible to get the charges reduced to an infraction or completely dismissed.

Answer Applies to: California
Replied: 10/6/2011

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She should have an attorney. An attorney can can possibly get her a deal where she does some community service and maybe anti theft classes- and case gets dismissed.

Answer Applies to: California
Replied: 10/6/2011

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She should try and get the charges dismissed. For students, the prosecutors are usually more linient. I have gotten younger people's charges dismissed before, by working out a deal with the prosecutors.

Answer Applies to: California
Replied: 10/6/2011

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Anything other than a "not guilty" guarantees a conviction on her record that will never go away. Her goal should be to avoid a conviction if at all possible. The best way to do that is with the help of a local criminal defense attorney that routinely practices in the court where her case will be heard. Depending on the facts of the case and what her attorney can work out on her behalf (assuming they can prove a case against her in the first place) will determine what the results are. There may be things she and her attorney can do, even before her court date, to get her in the best possible position for a good outcome.

Answer Applies to: California
Replied: 10/6/2011

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She should plead NOT GUILTY. Better yet, she should hire a criminal defense attorney to represent her as this is the first step towards trying to keep a theft conviction off her record. Your daughter is young and a theft conviction will have long lasting consequences to her future such as disqualifying her from future employment opportunities and/or professional licenses. I hope this answer was helpful. Good luck.

Answer Applies to: California
Replied: 10/6/2011

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If its under $100 she can usually settle the case for an infraction, which wouldn't affect her record. She could also get diversion. Plead NOT GUILTY. Have an attorney talk to the DA to settle it without a misdemeanor conviction.

Answer Applies to: California
Replied: 10/6/2011

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She could look to a diversion or deferred entry of judgment, ultimately the case gets dismissed. She would most likely have to perform some community service and/ or a program. The end result, if successful, is no conviction.

Answer Applies to: California
Replied: 10/6/2011

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To know how to plead on any criminal case requires the examination of the facts and the evidence. If the prosecution case is weak then plead not guilty. If their case is strong and there's no hope of winning then plead guilty. If you do not know the answer to these questions plead not guilty at the arraignment and consult with an attorney to get the answers. Not going to an attorney is the biggest mistake that defendants make.

Answer Applies to: California
Replied: 10/6/2011

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She should plead not guilty and ask to obtain a lawyer if she can afford one. If the theft was a small amount, the lack of record could result in a more favorable resolution. However, that will not happen if she just walks up t the bar and pleads.

Answer Applies to: California
Replied: 10/6/2011

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Get an attorney to attempt to get the case dismissed. Her record is crucial to her future (employment etc) as such a young age. DO NOT JUST PLEAD GUILTY!

Answer Applies to: California
Replied: 10/6/2011

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.