How can I plead innocent against charges of theft? 4 Answers as of July 25, 2011

Last August I had a disagreement with the manager at a cvs. The next time I went in I checked my bag. I have to use a cab due to not being able to drive as I have an implanted morphine pump. I waited outside for 10 minutes for the cab to come. We got a town away and a cop from the other town pulled us over. Long story short they said I stole something. I had a receipt for what I brought and the cab driver stated that I left home with what I had. The past year I spoke to my lawyer 2 times and was offered nothing. Now august 1 the judge wants to set a trial date. I have no Idea what is going on as when I ask I get no reply. What can I do?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
This response is general information only and does not establish an attorney client relationship. However, it appears that the prosecutor has not made an offer and the case will go to trial. If you are not satisfied with your current attorney you could hire another one.
Answer Applies to: New York
Replied: 7/25/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
Your summary states that you were accused of shoplifting but you had a receipt for the item. I doubt that you had a receipt for every item dated that day or the police would not have arrested you and the prosecutor would not be pursuing the charges and pressing for a trial. I must assume that you are not telling me or your attorney the truth, but I would have to speak with you, talk to the store manager, look at the video, talk to the cab driver, speak to the arresting officer or read his supporting deposition, and then decide if you could win the trial. It is not relevant that you are guilty or innocent, it is only whether the DA can prove the charges. Many people lie to their lawyers and insist that they are innocent if they are not caught 'red handed'. They are usually convicted and go to jail because they refused the plea offer and committed perjury at their trial, which does not sit well with judges. If you are innocent I doubt that you will be convicted as the DA will lack the proof, but if you have an inexperienced lawyer anything is possible.
Answer Applies to: New York
Replied: 7/21/2011
Palumbo and Kosofsky
Palumbo and Kosofsky | Michael Palumbo
How can I plead innocent against charges of theft? At arraignment, when the judge says: 'how do you plead, guilty or not guilty', you say "not guilty." If you are unhappy with your lawyer we can represent you, as our firm does a substantial amount of criminal defense.
Answer Applies to: New York
Replied: 7/21/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Send a letter to your lawyer by Certified Mail Return Receipt and document how many of your phone messages he has not returned. Ask him to get in contact with you and explain what is going on because you don't understand. Keep it short and simple. That will get the lawyer worried that the next step you might take is to file a grievance against. I therefore think that he will start treating you differently.
Answer Applies to: New York
Replied: 7/20/2011
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