I got a misdemeanor theft charge for attempting to take 4 cookies that were going in the garbage. Will I be convicted?

Chicago, IL Viewed 36 times. Posted about 1 month ago in Criminal Defense

I spent 10 hours in the local lockup. I had a court date and my public defender more or less strongarmed me into a guilty plea so I would have to pay $150 for a "theft deterrant program." With more knowledge, I don't want to pay. I want to withdraw my plea. I think this is insane. I would've paid for the damn cookies. I didn't even keep them. Or try to hide them. My "theft" totaled $3.97. I had $77 in cash on me. The only reason I didn't buy them is there wasn't a manager on duty for me to ask permission to keep them and the registers had already been cashed out... I worked at this cafe for 11months and 2 weeks. Almost a year. I never had any problems except an occasional tardy. Any advice? - Is this your question? Add additional information

Answers (2)

Howard Woodley Bailey

This attorney is licensed in New Jersey. Posted about 1 month ago.

Once you have pled, there are typically Court rules that impact the ability to withdraw the guilty plea, and time periods that limit when the Motion to Withdraw the plea can be filed. If you really want to withdraw the plea, consult immediately with an Illinois criminal defense lawyer about what options you have at this time. Good luck.

DISCLAIMER: I do not practice law in your State. This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

Karyn T. Missimer

This attorney is licensed in Wisconsin. Posted about 1 month ago.

I agree with the first answer.

The standard for withdrawing a guilty plea after sentencing varies from state to state, and is almost always tougher than the standard used before sentencing. In WI, for example, there must be more than just a change of heart. The plea must not have been knowing, intelligent, or voluntary. Some judges will even require a defect in the plea colloquy itself.

As quick deadlines are usually involved in postconviction matters, I strongly urge you to consult with a local, experienced postconviction/appellate attorney.

Good luck!

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