Skip to main content

My girl was arrested for "Theft of property by mislaid or improper delivery" in KY. A class d felony. How should she plea?

Murray, KY |

Lost cell phone found at work. Was moved to her car to locate owner after work. Owner used a tracking service to locate phone and showed up with cops and filed theft charge. She was arrested and cop refused to listen to my girls story. Should she plea not guilty and go for a public defender? Or can she ask the judge for pre-trial diversion and get an answer before making a plea? This is her first offense for anything. A free consultation with a lawyer who informed us he was unsure if theft actually happened since my girl did not deprive the owner and the phone never left the property...was only relocated to her car. He believed he could possibly get the charge dismissed but his fees are far too high to afford. Advise on what to do at first court appearance appreciated.

Attorney Answers 3


She should plea not guilty and get a lawyer. If she doesn't qualify for the Public Defender any money she spends will save her from hassles getting a job later down the line because of a criminal record (if she gets diversion or the charges get dropped). Lawyer up.

Kentucky and Florida Licensed. Free consultations. 502-424-2016. www.KYFIGHTDUI.COM Follow me on twitter: @trackmylawyer. This answer does not create a legal relationship.

Mark as helpful

1 lawyer agrees


Plea not guilty at first appearance. If the prosecutor/court offers misdemeanor diversion, meet with the diversion officer and see what she has to do. In misdemeanor court you do not enter a plea prior to diversion. If you successfully complete diversion (which generally involves theft class, small fee and community service) then the charges against you are dismissed. That said, she is actually charged with a D felony so the chances of misdemeanor diversion are not great. Utilize an attorney, PD if you cannot afford private counsel.

Kentucky law does not certify specialty of practice in this area. The advice given herein is informational and should not be considered as creating an attorney/client relationship. Michael Bouldin is an independent attorney located in Northern Kentucky. It is strongly recommended to not give any confidential information on any website.

Mark as helpful

1 lawyer agrees


Hire a criminal defense attorney ASAP.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

Mark as helpful

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics