White collar crime theft 1st degree

On the day of arainment if a person was to go into the court and beg for forgiveness and admit to partial theft, not all of the accused $250,000 of it, just a small part of it, what happens? Is this immediately forcing sentencing, do you loose all rights afterwards, will they assume because you admitted to partial that you are guilty for all of it, does it matter that one was addicted to methadone, fentyanyl, vicadine and many other drugs? Will the prosecuting attorney be more lieniunt of harder on an individual like this? Can one do this without an attorney? Or is it better to always go in and plead inncoint and then go through the process. Is there such a thing as a plea bargain and when do you do this? - Is this your question? Add additional information
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Answers (4)

Dave Hawkins

Dave Hawkins

Contributor Level 7
If you cannot afford an attorney, ask that one be assigned to you at the arraignment. Do not make an uninformed plea -- the Prosecutor will have no sympathy for you nor will the judge. My best advice is to go see a criminal defense attorney before the arraignment -- some give free consultations. DO NOT ACT WITHOUT THE ADVICE OF AN ATTORNEY.
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Anthony John Colleluori

Anthony John Colleluori

Contributor Level 7
You asked:

Q: On the day of arainment if a person was to go into the court and beg for forgiveness and admit to partial theft, not all of the accused $250,000 of it, just a small part of it, what happens?

A: Your words are used against you, you are still blamed for the entire amount and the partial admission is used as proof toward the whole amount. Further everyone in and around the court wonders why you didn't consult an attorney who knows what they are doing first...

Q:Is this immediately forcing sentencing?

A: No but it might as well. They will let you swing for a while till you confess to the rest.

Q: do you loose all rights afterwards?

A: No but you are voluntarily giving up your rights anyway by going in without a lawyer (6th amendment) and giving an admission (5th amendment) which could lead to a search warrant (4th amendment) and then when convicted you can no longer have a weapon (2d amendment) and no body listens when you complain from jail (1st amendment). You aren't losing anything your GIVING THEM AWAY!!!

Q:will they assume because you admitted to partial that you are guilty for all of it?
A: yes

Q:does it matter that one was addicted to methadone, fentyanyl, vicadine and many other drugs?
A: with a lawyer yes without No

Q:Will the prosecuting attorney be more lieniunt of harder on an individual like this?
A: No but he will enjoy the whole thing a lot more. He will have better stories to tell his friends.

Q:Can one do this without an attorney?
A: Sure you have an absolute right to further screw up your life. It would be a tremendous mistake.

The rest should be self explainatory, GET A LAWYER. YOu have a right to a free one. If you can possibly afford it, get one of your own chosing. You can find a lot of good ones right here on AVVO.
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Michael Emory Clark

Michael Emory Clark

Contributor Level 5
An attorney's advice is critical in matters like this. By analogy, if you were suffering from a ruptured appendix, perhaps you could conduct an appendectomy on yourself, but few would advise it. At a minimum, you need someone who is familiar with that office, the assigned attorney, the judge and the various policies at issue to provide you with insights about what options make the most sense in your case. The attorney-client privilege is designed to allow individuals to disclose facts to their lawyer so that the lawyer can provide them with appropriate advice.
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James Edgar Phillips

James Edgar Phillips

Contributor Level 1
Answers to your question depends on the legal jurisdiction and the applicable law. It is always better to obtain competent legal advice in your jurisdiction. Generally, persons charged with a specific crime can plead not guilty, guilty or no contest - to the crime charged. The defendant cannot plead guilty to another crime or different facts than charged, unless a plea bargain is negotiated with the prosecutor and agreed to by the judge. By pleading guilty you waive several important rights. Addiction may affect sentencing and, depending on the jurisdiction, may be important in the handling of the case. Short answer - get a lawyer.
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