What do I do in court if I was charged with theft?

Question

I do not know what to say when I go to court I was told that I may be able to pay restitution and it will not be on my record. I felt pressured to say I did it never saw any type of proof from them, I really just want this off of my record and move on. Also will I be able to receive my unemployment benefits due to this?

Eric Rothstein · Answer

Do you have a lawyer? If you can't afford one, the court will appoint one to defend you.

Eric Sterkenburg · Answer

Under the limited facts given; your first appearance in court will be your arraignment, at that time you should plead not guilty. Your attorney will then get the police report see what can be worked out on this case. You need an attorney on this. If you cannot hire one; use the public defender.

Stephen Freeborn · Answer

Sounds like you stole from your company.  If that is the case, you probably will not qualify for unemployment benefits.  You also do not indicate how much was taken as the amount may determine whether or not you are charged with a felony or a lesser crime.  Either way, a conviction can carry with it the potential for jail time.  Do not hurry just to "put this behind you". You really need to consult with an attorney as he/she will be able to examine your case in detail and see, what, if anything, can be done to minimize the matter and possibly keep it from being a permanent part of your record, which obviously could impact future employment.

Jared Austin · Answer

Never agree to plead guilty to anything without first consulting with a lawyer. There are possible options such as diversion which could keep the charge off of your record, but you need to speak to an attorney before agreeing to anything.

Michael J. Breczinski · Answer

DO INTO PLEAD GUILTY AT ARRAIGNMENT. If you do you lose all your bargaining power. Get an attorney. Usually something can be worked out.

Edward Blum · Answer

Plead not guilty and request a court appointed lawyer.  If you can afford a lawyer, hire one.

Jonathan Willett · Answer

A "deferred judgment" will enable you to clear this from your record when the case is over.

Gregory Casale · Answer

There is a saying that an attorney who represents himself has a fool for a client. This is no less applicable for a lay person. It is not a wise decision to represent one's self on a criminal charge. It is not only the direct disposition that you need to consider but also the long term consequences of having a criminal record. Think this through. You only have one chance to get this right. You will likely live with the consequences for life.

Andrew Subin · Answer

You need to speak to a lawyer about a "compromise of misdemeanor."  This will keep your record clean if you just pay back the "victim".

Michael Garber · Answer

You can plead guilty or not guilty. The D.A. usually will drop the charge if the accused makes restitution and the victim does not want to prosecute. You should talk to a lawyer.

Jeffery Cojocar · Answer

Hire an attorney to represent you, or request a court appointed counsel.

Christopher McCann · Answer

I don't recommend you do anything in court. You should hire a lawyer who knows that court. The attorney will know the procedures for that court and whether you can get diversion where the case gets dismissed if you perform certain tasks, pay a fee and stay out if trouble.

Terry W. Rose · Answer

You should retain an attorney.  This is too complicated for a lay person.

Craig Elhart · Answer

In a criminal proceeding of this nature you have the right to be represented by an attorney. If you cannot afford an attorney, the court would appoint one for you. An attorney would be able to help you in a court proceeding. It is unclear if you pled guilty at this time. If you did, then a motion to withdraw plea is a possibility if you have not been sentenced. If you were criminally charged, paying restitution will generally not make the charges go away.

Leonard Harden · Answer

The first time you appear it is an arraignment.  Judge will explain potential consequences and ask for a plea.  If plea guilty then judge imposes consequences.  If not guilty then get a trial date.  Prosecutor should talk to you about a recommendation.    It is impossible to give you advise without knowing all facts.  I would be happy to talk to you at some point.

Roianne Houlton Conner · Answer

You really need an attorney to represent you in this matter.  If the theft was from your prior place of business then you will not be entitled to unemployment.

Andrew Myers · Answer

You need an attorney.  Do not do this yourself.  You can not afford to NOT have an attorney.  One of the many reasons is that you have contradicted yourself in this brief posting, by indicating that you felt pressured to say you did it, and at the same time saying you just want this off your record. Have an attorney handle this case for you.  Say nothing to anyone about any of this other than the attorney that you retain.

Thomas Tomko · Answer

You need to retain an attorney to explain the process to you and to allow you to make an informed choice.  Your case could be negotiated to protect your record, or you could go to trial and get a dismissal if the facts support it.  Without an attorney, you have a great disadvantage and you may never know if you made a good informed choice unless there is a problem down the road that you did not anticipate.  The time to get good advice is now.  Do not make a choice to plea/make statements/etc without knowing what your choices are and why you make one choice or another.  Either hire an attorney or ask for a Court Appointed attorney when you go to Court.  Do NOT plead guilty without speaking to an attorney.  Do NOT make admissions without speaking with an attorney.  Your future is at stake, and poor choices can limit your options.  I hope that this was helpful.

Cynthia Henley · Answer

Did you steal from your employer? If so, you cannot get unemployment benefits.  If you are charged with theft then you need to hire a lawyer. A lawyer may be able to work the case so that you can get it dismissed after serving a term of time like a probation with community service and paying restitution. It is called pre-trial diversion. If you successfully complete this, you can expunge it off your record in the future.

Michael Nack · Answer

When you are in Court the only thing you should say is "Judge, I need some   time to hire an attorney." Then, do it.

Harley Gutin · Answer

Do not plea guilty. Ask for a "diversion" program or take the case to trial if you do not want "it" on your record.

Jared Altman · Answer

If you confess that you stole from your employer, then you could be denied unemployment benefits. Otherwise no. As to your defense, you really need a lawyer. You can't handle this on your own. There will always be a record of your arrest but if you are lucky enough to be offered an adjournment in contemplation of dismissal, then you won't have a conviction.

Paul J. Wallin · Answer

You need a criminal defense lawyer to help you. You definitely do not want to plead guilty to this crime if you can avoid it. Pleading to theft can impact your criminal record and impact future employment among other issues.

Michael Maltby · Answer

Say you are not guilty and hire an attorney or apply for an attorney at the public's expense. It does not matter if you confessed or otherwise were caught red handed you can still plead not guilty. If this is your first offense you may indeed be able to keep this off your record.

Geoffrey MacLaren Yaryan · Answer

What you have left out is the important information regarding the value of  the property you are alleged to have taken. If it is only a petty theft and the value was less than $100 then there is a reasonable change it can be reduced to an infraction which will not go on your record.

Jeff Yeh · Answer

Pay restitution and it will not be on your record? That is the funniest lie I've ever heard, and it probably came from the people you stole from: "Just pay us, and it won't be on your record." Well, it is all a bunch of BS. You better hire an attorney, because if you get this crime of moral turpitude on your record, you can say good bye to any kind of meaningful employment for the next 10 years.

Jacob Braunstein · Answer

You may want to consult with an attorney who specializes in criminal defense. There is a chance your attorney could draft a civil compromise with the alleged victim whereby the alleged victim agrees to payment for damages in exchange for the charges being dropped. This would all have to be approved by the judge of course. But there may be other options as well.

Jason Overton · Answer

You only pay restitution if you're found guilty.  If you're found guilty, whether by a trial or a plea, it won't be "off your record."  It will be "on your record" as a conviction.  You need to hire an attorney.

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