Do I need a lawyer to fight another petty theft shoplifting charge? 7 Answers as of March 07, 2011

I need to go back to court 03-08-11 to sign for probation before I even went to court for this one I got arrested for petty theft again and I got a ticket. But it wasn't me, it was my husband who thought it was easy to put no doze and a shaver in my purse while it was in the cart my public defender said one more and its jail time. What do I do my husband admits to it? Do I fight it? Will they believe me? Do I need a lawyer? I'm doing shoplifters programs and meetings on my own.

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Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
All you can do is tell the truth. Obviously don't plead guilty to something you didn't do. Fight it if you must and hope they believe you. Good luck.
Answer Applies to: California
Replied: 3/7/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
That's your decision. If you are innocent or even because your new case could be a felony (petty theft with a prior conviction can be a felony regardless of amount) are certainly good reasons to fight the case. Since you apparently are eligible for the public defender seek his or her advice.
Answer Applies to: California
Replied: 3/6/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
A defendant can always represent himself. An attorney is never required. When arrested and charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea-bargaining, or at trial. Effective plea-bargaining, using whatever legal defenses, facts and sympathies you may have, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.
Answer Applies to: California
Replied: 3/2/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You absolutely need a lawyer. A petty theft with a prior can be a FELONY offense! You could potentially do time in state prison, so consult an experienced defense attorney ASAP.
Answer Applies to: California
Replied: 3/2/2011
Law Office of Andrew Roberts
Law Office of Andrew Roberts | Andrew Stephen Roberts
Yes to all. You need an attorney as this is your second petty theft.
Answer Applies to: California
Replied: 3/2/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    You absolutely need a lawyer or the Public Defender. HOpefully your hubby will make a statement to an investigator or give a written declaration that it was reeally him and you knew nothing about it. If not, you are stuck with arguing that is the case but with a prior petty theft it is doubtful they will believe you. If hubby doesn't own up you will need another lawyer - a divorce lawyer.
    Answer Applies to: California
    Replied: 3/2/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You have a lawyer. Do as your public defender advices.
    Answer Applies to: California
    Replied: 3/2/2011
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