I left a restaurant without paying...long story - I offered to pay for some of the food eaten but not the burger - because it was wrong, twice, and I didn't eat it/much less touch it. Got a summons in the mail yesterday I have to appear in court - the bill was $20.
I don't want to have any criminal charges against me; I never have been in trouble with the law before.
I can't get in touch with the prosecuting attorney - I've left SEVERAL messages for him and he hasn't called back.
I don't live in the state where this happened; never going back if I can help and I do WILL NEVER eat at said restaurant again.
Just looking for advice on how I should handle this - especially since the attorney won't return my phone calls.
Do I have any recourse? Is there someone else i could phone to discuss this matter?
Please...advice would be wonderful!
Thanks!
2007-04-26
07:47:32
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9 answers
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asked by
klmmlk27
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in
Politics & Government
➔ Law Enforcement & Police
So...I finally got a hold of someone at the office.
Now they're advising me I can plead guilty to this theft and pay a $300 fine.
I don't want to plead guilty - this was a mistake - but I don't want a permanent record of misdemeanor theft.
Plus this will show up on future employment applications etc.
This will give me a permanent record - what should I do?
2007-04-27
05:15:45 ·
update #1
TRy the district atty; should be the PA's boss.
Probably a contact on the county's website.
2007-04-26 07:50:15
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answer #1
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answered by wizjp 7
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Call the District Attorney's office, talk to the clerk. Tell them that you are out of state and that you want to settle this matter. They know more about what is going on than the prosecuting attorney who's name is on the summons, because they handle all of his/her paperwork, court dates, etc.
Since it is a misdemeanor, if you don't appear, the judge will issue a bench warrant, and if you got pulled over in a traffic stop, you could be arrested and held in your own state. I doubt that you would be extradited, but it will keep you from renewing your drivers license, and if it goes to warrant, when you do pay the fine it will be WAY more than the original $20.00.
2007-04-26 14:59:49
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answer #2
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answered by Anonymous
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The offense is a misdemeanor.
The prosecuting attorney will not return your call because he has no reason to call you. He only needs the facts from the victim to prosecute the case.
My suggestion would be to contact an attorney from that location asking him/her to do your leg work to fix the problem. Granted it may cost more than the cost of the burger, but will prevent other problems from occurring.
The one individual who says they have three tickets from another state...unless they're parking tickets, they take a chance of their license being suspended or revoked for not paying the tickets in another state. Some states have "reciprosity" on parking tickets as well.
Often times when a legal issue is at hand, a drivers license is a way one state will handle issues through another state.
Before listening to many of the "solutions" you see on Yahoo, consult the services of an attorney!
Best wishes.
2007-04-26 15:01:19
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answer #3
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answered by KC V ™ 7
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You should have spoke to the manager instead of walking out of the restaurant. The prosecuting attorney isn't going to call you back. The situation has to be handled in court. If you pay the bill, most likely the charges will be dropped, but that doesn't mean you won't have to go to court.
2007-04-26 17:06:26
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answer #4
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answered by CGIV76 7
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I'm a prosecutor. But I take no responsibility whatsoever for the following suggestion because I am not your attorney:
Call the prosecutor's office and tell the person who answers the phone that you would like to speak with them (and not the prosecutor). You will likely get some resistance. Endure it. If not, go with it.
Tell them (as nicely/politely as possible) that you have been unable to connect with Mr. Whatever despite several attempts. Tell them that you live out-of-state and would like to simply pay a fine and the restitution. Ask him/her to relay that message.
Then call everyday at the same time with same request until the prosecutor agrees.
With a petty case like this, it is only a matter of time...
Most prosecutors have serious cases to deal with. Best of luck...
2007-04-27 02:05:04
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answer #5
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answered by snowdrift 3
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If the attorney does not return your call,ask to talk to another attorney from that office.
If you are not able to talk to someone from the attorneys' office before your court hearing you need to still go and explain it.
2007-04-26 15:19:35
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answer #6
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answered by tjanet23 2
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have you been arrested? I am confused this sounds like a civil matter not a criminal one....but if it is then the prosecutor has no duty to clal you back...don't call him he won't drop charges just because you sound sympathetic...just be prepared when your case comes up and possibly get an attorney.
2007-04-26 14:52:18
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answer #7
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answered by Dr. Luv 5
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Just go to court plead your case and pay the fine thats all you can do.
2007-04-26 14:51:51
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answer #8
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answered by carrie 4
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I have warrants in three states for traffic violations. Forget about it if you're not going back.
2007-04-26 14:51:44
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answer #9
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answered by mikehunt29 5
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