Asked over 2 years ago - Middletown, CT
FlagI got caught trying to steal $7 worth of make-up and was given a summons to appear in court next week. I have a clean record and hence no experience with the legal system. I have no idea what to expect. What will happen when I show up in court? Do I need a lawyer, even for such a small misdemeanor? I doubt I could afford one, especially not on top of the fines I'll probably get, should I try to get a public defender? How do I do that? Since its my first offense and a relatively minor thing, how likely is it that I'll get this cleared from my record in exchange for probation or community service or something? Is this possible without a lawyer? How would I go about doing that?
In Connecticut, all ciminal activity that is prosecuted is done by the state, not by a municipality.
Based on what you are accused of taking, you probably cannot afford an attorney - you would have just paid for the merchandise.
This charge is the lowest larceny charge and can be resolved in many ways. It is possible that you can do community service or make a charitable contribution to have the charges dropped but offers like that are always up to the prosecutor to make. Doing the volunteer work in advance does not accomplish anything.
A person only gets probation if they are convicted or plead guilty to a crime so that is out of the question.
As to whether you should apply for the public defender services is up to you. I would first talk to the prosecutor and see if there is anything they are willing to do to let this go away. Understand that if you get a public defener, they will still charge you $25 for their services - they are not free.
You will need to speak to a State’s Attorney when you get to court. If you are in Middletown, their office is the first door on the left after you clear security. The State’s Attorney will pull your file and discuss your case with you. He or she has discretion on how to handle your matter. Because you do not have a criminal history he may be willing to offer you either a dismissal or a nolle in return for community service. A nolle will result in a dismissal in thirteen months provided you do not offend again. If the State is unwilling to dismiss or nolle the charges there are alternative to incarceration programs available in Connecticut for individuals who have not offended in the past. Ask the State’s Attorney about these programs when you are discussing your case.
The seriousness of this depends on whether it's being prosecuted as a criminal charge or as a municipal ordinance violation. If it's criminal, you should have a lawyer and you may qualify for a public defender, depending on your income. Either way, you should try to find out if there is a deferred prosecution program you could take advantage of to avoid a conviction.
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