I have no lawyer for my preliminary hearing monday morning. i dont have the money...what do i plea

Asked about 1 year ago - Ephrata, PA

this is my 3rd retail in a year. the first was a felony 850 and i went to jail. the second was a summary n now this one i was caught stealing 27.00 worth. what do i say in court.

Attorney answers (7)

  1. Lidia L. Alperovich

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . You need to apply for a public defender. You should not be doing it on your own

  2. Forest Dean Morgan

    Contributor Level 17

    6

    Lawyers agree

    Answered . I agree with the advice regarding the public defender. However, the Court will likely deny or at least admonish you for the request. In Lancaster County, the MDJ's office sends out a very specific notice regarding the importance of obtaining counsel within 72 hours after receiving notice. If you failed to do so prior to the preliminary hearing, the Court will not be happy.

    You do not plead at a preliminary hearing. A preliminary hearing is for the purpose of determining a prima facie case. For retail theft, the Court must find some evidence that you took merchandise from a retail store without paying. This does not equate to a finding of guilt. There are a number of defenses or alternatives that may be available at the Court of Common Pleas.

    Regardless of the outcome of the preliminary hearing, you MUST obtain counsel at the Court of Common Pleas. The new rules of the Lancaster County Court of Common Pleas are difficult enough for the lawyers to understand, proceeding on your own would be substantially detrimental. You will need to go to the Bail Administration office on the third floor of the Courthouse to apply.

  3. Andrea E. Mertz

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . Appear at the preliminary hearing and request a continuance so that you can apply to the public defender. Do not try to do this alone without representation.

  4. Stewart C Crawford Jr.

    Contributor Level 16

    4

    Lawyers agree

    Answered . You need not plea at a preliminary hearing. Retain an attorney, if you cannot afford one request a public defender

    All information provided in this comment is intended for informational purposes only and does not, by itself,... more
  5. Michael Kotik

    Pro

    Contributor Level 13

    4

    Lawyers agree

    Answered . You should get a public defender

    Answers are not of fact, but rather the opinion of the attorney answering the questions asked. At no time does... more
  6. Jeffrey Andrew Rowe

    Contributor Level 14

    3

    Lawyers agree

    Answered . You should request a public defender and ask that the hearing be continued. The judge may give you some grief for not doing this sooner, but don't let that discourage you. In PA, a third retail theft, regardless of the amount involved, is a third-degree felony. You need representation.

  7. David Christopher Dagle

    Contributor Level 7

    2

    Lawyers agree

    Answered . If you can't afford to hire an attorney you need to apply for a public defender before you go to your preliminary hearing. If this is your 3rd retail theft in a year you could be looking at serious consequences if found guilty again. You need an experienced criminal defense attorney to assist you at every stage of court.

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