So on January I got caught stealing from macys and got charged with pety theft. I have been to court twice hoping the they would dropped the charges or at least dropped them to a infraction but have no such luck. My public defender tells me that the DA doesn't want to drop the charges and are looking for me too settle for the offer they have , which is too settle for three years self probation and a $300 fine. I asked my public defender what are the chances that the DA drops the charges and he says there slim to none. I told him that I go to college and that im basically on my own but he says that it doesn't matter. Is there anything I can do that can help me drop the charge to an infraction? I go to court soon any help will help so much! Anything I can do save myself? Suggestions?
General Practice Lawyer
There is nothing that requires a DA to drop the charges. Unfortunately you admit that you are guilty, why would the people drop the charges? Listen to your PD he is right that your chances are slim. You may have your PD take a run at it again but if the DA does not want to reduce it, you are stuck...
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Criminal Defense Attorney
If you have no prior thefts and the amount is $ 50 or less you could be eligible for an infraction. If both are true and the prosecutor still will not infract the charge, your attorney can ask the Judge.
No one here can help you. You have an attorney. Perhaps you are expecting too much depending on the facts stated in the arrest report or your record. You admit to stealing and the state is entitled to punish you for it.
That being said: Ask you attorney if you're eligible for deferred entry of judgment. If this is your first offense and if the facts are not egregious, unless the court does not offer it, you should be eligible. If, at the end of your probationary period you have not committed a similar offense and complied with all terms and conditions, the case will be dismissed.
I suspect we do not have all the facts, however. A 3 year probationary period for a run-of-the-mill first offense petty theft is usually not 3 years.
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Criminal Defense Attorney
You admit you stole stuff from Macy's so while in the world would the DA drop the charges? Plus you already have an attorney who knows the facts of the case, so there is nothing we can offer. So you go to college - what's that got to do with anything? Take the plea, pay the fine and stop stealing stuff. You can get it dismissed at a later date pursuant to 1203.4 if you successfully complete probation which includes no more stealing things. Next question.
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