i was arrested for conspiracy and burglary for stealing a pair of pants...i was caught outside the mall. i did it for someone else who told me they were gonna give me money in return of me stealing them the pants...ya i know bad move. i have a spotless record and was just wondering what i should do...and i cant afford an attorney.
2007-01-20 15:23:39 · 5 answers · asked by oops 1 in Politics & Government ➔ Law Enforcement & Police
Depends on the county you're in. But basically, you're looking at anything from probation to prison time. Both burglary (Commercial Burglary in this case) and Conspiracy are felonies, each of which could land you in prison for several years. A spotless record won't always get you off, but it helps. People make bad decisions, and most judges understand that. If I were you, I'd go into court with your appointed attorney, and own up to what you did. Taking some responsibility and not trying to weasel out of it will likely do you better in the end.
2007-01-20 15:34:17 · answer #1 · answered by Max 2 · 0⤊ 0⤋
Number one. Don't confess a public website. If the DA sees this, he'll use it in court.
Number two. It depends on the state. In California, it sounds like burglary and conspiracy to me. If you enter a store with the intention of taking something out of it, even just a stick of gum, you are guilty of burglary in the 2nd degree, a felony. If you are in the store when you come up with the idea of shoplifting, it's just petty theft, a misdemeanor. So don't come up with the idea of stealing from a story before you enter it. 2nd Degree Burglary can get up to 3 years in prison. Conpiracy to commit 2nd degree burglary can get up to 1 1/2 years.
YES. SHOPLIFTING CAN BECOME BURGLARY!
Under the sentencing scheme in California, you would get up to 3 years and 4 months in prison. But this is your first time. In the two California counties that I've practiced in, one wouldn't charge the conspiracy and probably would let you off with a petty theft. The other might want you to plead to 2nd degree burglary, but as a misdemeanor. Adding on the conspiracy might just be to scare you into pleading. But technically, you are guilty of 2nd degree burglary and conspiracy. Other really strict counties might ask for a felony plea. As a first timer, you will almost undoubtedly get probation even if you took this to trial and even if you got a felony. But jail time (as opposed to prison time) comes with probation even if you end up with a misdemeanor. How much depends on the county you are in.
If you can't afford an attorney, one will be appointed to you at the arraignment. Don't talk to anyone about this until then. Your attorney won't be able to talk with you much at the actual arraignment, but he'll give you time afterward. He will be much more experienced with the county and the specific court than I am, so heed his advice. And don't say anything at the arraignment other than your name, that you have no money for an attorney, that you want an attorney (a public defender is an attorney and, usually, they are good ones), and the words "not guilty."
2007-01-20 18:29:47 · answer #2 · answered by Erik B 3 · 0⤊ 0⤋
Request an legal aid attorney immediately. Be at the courthouse Monday morning when they open and do it. It is your right to free council if you can not afford a lawyer.
If they did not read this to you at the time of arrest you can have all charges dropped.
"You have the right to remain silent. If you choose to give up that right, anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford an attorney, one will be provided for you at government expense."
Good luck and stop being stupid
2007-01-20 16:00:24 · answer #3 · answered by Bill 3 · 0⤊ 0⤋
It depends on how old you are, but usually for your first offense you could opt for a plea bargin. Plead guilty for a lighter sentence and you probably could come out of it w/ community service and a couple months to years(1-2) of probation. You can use the public defender. There are some good ones in the system. Some bad ones to. Hope this helps.
2007-01-20 15:34:43 · answer #4 · answered by black7_revolution 2 · 0⤊ 0⤋
Since it is just your first offense, you just might get away with community service. Of course, I don't know your age. If you are young enough, you may only get a few weeks in juvy.
2007-01-20 15:39:54 · answer #5 · answered by GIVE ME PIZZA!!! 1 · 0⤊ 0⤋