It pays to hire an attorney for a first time petty theft/burglary charge because an attorney can get you a "deferred entry" Classes; and get the charges subsequently dismissed. It is important because if you ever shoplift again the penalties are severe for 2nd offense.

Answer Applies to: California
Replied: 9/3/2010

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.

The chances of having the crime dismissed are essentially none, regardless of having counsel, unless you have credible, admissible evidence showing you are not guilty, to use in your defense in motions or at trial. The police and DA did not take the time to analyze the facts and file the charges, nor come to a decision to invest the time and energy needed to prosecute, all just to drop the charges because you would like that. You need to face reality that you are charged with a crime, and must defend the criminal charges, just like every other defendant has to do. Many people charged with shoplifting have clean records, until then. A clean prior record is not grounds for dismissal.

You will have to go to court, enter your not guilty plea if appropriate, set up and attend your court hearing[s], file your motions as applicable, go to trial if you cannot resolve it with a plea bargain. There is no magic wand to wave and make it all disappear. Your attorney may be able to obtain in plea bargaining a diversion program for first time petty theft charges, but that is not guaranteed. If you do not know how to do these things, then hire an attorney that does. If serious about doing so, feel free to contact me.

Answer Applies to: California
Replied: 9/3/2010

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.