QUESTION

How can I make a deal so I won't have to pay anything?

Asked on Jan 21st, 2012 on Criminal Law - Michigan
More details to this question:
I was charged with a 3rd Degree Retail Fraud and I was wondering whether to plead guilty or not guilty. How can I make a deal so I won't have to pay anything? I do not have money for an attorney.
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5 ANSWERS

Jacob P. Sartz
There is no easy answer to that question. I'd recommend you plead not guilty and request that the court appoint you a lawyer payable at the public's expense. You are presumed innocent until proven guilty beyond a reasonable doubt and you have a right to council. However, the right to court-appointed council is somewhat limited at the district-court level because some judges may only appoint council if you may be facing jail time for a conviction. Some district-courts in Michigan won't impose jail time for convictions of retail-fraud, third. However, it varies significantly from court to court. Even if a judge is not inclined to impose a jail or probation sentence,convictions of retail-fraud third degree almost always result in some financial penalties such as fines, costs, or restitution. However, payment plans, work-crew, community service, or other alternatives may be available depending on the county and court. Further, some judges will order a "pay-or-stay," where the person can do some jail time and in exchange, be released from some financial penalties. I'd recommend you retain a lawyer or request court-appointed council.
Answered on Feb 22nd, 2012 at 10:29 AM

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Michael J. Breczinski
You can't afford NOT to have an attorney.? First a theft conviction will make it VERY hard for you to get any job. What employer wants to hire a thief. The attorney may be able to get something done so you have no record or theft conviction. Next if you plead you will probably gets fines or jail or both.? You ARE going to pay something in any case. You need an attorney.
Answered on Feb 17th, 2012 at 10:45 PM

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Appellate Practice Attorney serving Clinton Township, MI at Thomas J. Tomko, Attorney at Law
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Your goal is so unlikely and unreasonable that I have serious doubts that it will ever happen. In the rarest of situations, a Judge could give community service in lieu of a fine, or jail in lieu of a fine. Other than that, its not going to happen. Sorry, but this is the honest response.
Answered on Feb 17th, 2012 at 10:27 PM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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You will have lots of things to pay, even without an attorney. If you can't pay, you will end up in jail instead.
Answered on Feb 17th, 2012 at 9:20 PM

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Family Attorney serving Traverse City, MI at Craig W. Elhart, PC
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Pleading guilty will result in a sentence where there is most likely going to be fines and costs. Pleading not guilty will result in a trial. If you cannot afford an attorney, ask the court to appoint one for you.
Answered on Feb 17th, 2012 at 8:23 PM

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