How should I talk to judge if want to plead not guilty??

Asked 7 months ago - Bronx, NY

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Yesterday I caught from Macy's for shoplifting .. I have two girls and they were running around everywhere .. I don't conceal anything .. All merchandise was on my stroller .. My four year old was going out with her friend and i just wanted to stop her and I didnt cross the main gate . the lady came inside the glass door and told me follow her and without any hesitation I did the same . Then two three people came and made me sit inside a room and then accused me of shoplifting .Searched my purse couldn't find anything and then from stroller they picked all the merchandise .. They asked me to handover my kids to my friend and called cops and arrested me and made my finger printed and mug shot and gave me ticket and set me free I am on j2 visa right now .how should I behave on court

Attorney answers (10)

  1. Contributor Level 18

    9

    Lawyers agree

    Answered October 14, 2012 13:48. If this is your first offense it is possible the case may eventually be dismissed. If you appear in court without counsel the court may provide you with an attorney at no cost. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094... more
  2. Contributor Level 20

    7

    Lawyers agree

    Answered October 14, 2012 14:14. You won't actually have to enter a plea. You need to hire a criminal defense lawyer. If you can show you are indigent the Court will aiisgn you a public defender. Act fast to hire a lawyer because it is important to subpoena the surveillance tapes before they are erased.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered October 14, 2012 15:21. You should always behave respectfully in court. The burden is on the prosecutor to prove that you actually shoplifted these items or just hadn't paid for them yet. As stated above, you really should speak with an attorney and discuss all the facts with them.

  4. Contributor Level 19

    6

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    Answered October 14, 2012 17:33. You have two problems: criminal and immigration, thus you need a criminal immigration attorney. My firm handles such problems.
    Regards,
    Nicklaus Misiti
    Law Offices of NIcklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an... more
  5. Contributor Level 20

    5

    Lawyers agree

    Answered October 14, 2012 17:09. You should hire an attorney and have him speak for you.


    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more
  6. Pro

    Contributor Level 8

    5

    Lawyers agree

    Answered October 15, 2012 07:41. You are probably being charged with a class A misdemeanor, petit larcency.

    You will need an attorney to defend you.

    If one is not appointed for you or you wish to retain private counsel let me know. I am a former Assistant District Attorney in Bronx County .

    When you appear in court you will see that most defendants dress casually. Distinguish yourself by dressing as if you were going for a job interview at a nice office and always act respectfully.

  7. Contributor Level 16

    6

    Lawyers agree

    Answered October 14, 2012 14:08. Sorry to hear. Do not go without an attorney, or ask that the matter be continued and get an attorney who is failiar with immigration and the consequences of crimes. This case can be dealt with, likely without impact on your current or future immigration status, but only if handled while thinking of the immigration issues. Good luck.

    Our replies to Avvo questions should not be considered specific legal advice to any individual, and no attorney-... more
  8. Contributor Level 12

    6

    Lawyers agree

    Answered October 14, 2012 14:14. You need a criminal attorney who understand immigration law to sort this out! Don't the leave the US until you have consulted an immigration attorney. Good luck!

    The Law Office of David N. Shomloo, LLC. David N. Shomloo, Esq. Immigration/Criminal practice 222 N W Davis st.... more
  9. Contributor Level 3

    4

    Lawyers agree

    Answered October 15, 2012 09:37. You need an attorney that is experienced in criminal defense, and has knowledge of the collateral immigration consequences any plea agreement may have. If you have no prior record or if the facts you present are videotaped you should be able to have the charges dismissed. Always be respectful in Court, and remember the burden of proof lies on the prosecutor. If you can afford ant attorney, hire onej will assign you one. I have experience handling these types of cases. You can call me at 917-405-4545. Good Luckimmediately. otherwise prove to the court you are indigent and they

  10. Pro

    Contributor Level 19

    5

    Lawyers agree

    Answered October 14, 2012 13:56. You should speak respectfully. Let the judge know you want a lawyer if you don't already have one. Make sure your lawyer is familiar with any immigration consequences of the charge against you.

    You also may get a "Civil Demand Letter" from Macy's' Lawyers. Read the link below before talking with them.


    If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.

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    --- Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin
    http://addbalance.com

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    --- Talking to the Police - Advice from Lawyers and Police
    http://addbalance.com/police.htm

    --- Miranda Rights (and Wrongs)
    http://addbalance.com/miranda_rights.htm

    -- Civil Demand Letters - Shoplifting and Retail Theft - Madison (Dane County) Wisconsin Criminal Defense Lawyer's web page --
    http://addbalance.com/civildemand.htm


    DISCLAIMER:

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    I am an experienced Wisconsin criminal defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these Internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This Internet site is public forum, where the communications are not confidential or privileged.

    If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

    There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. Those facts should not be put on a public Internet site.

    Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

    This AVVO Answer is provided for general educational purposes only. See “more” link below for more.

    Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in... more

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