What do I do in court if I was charged with theft? 42 Answers as of August 25, 2011

If it is not a felony charge of theft then you should still be able to collect unemployment , and you may be able to get it expunged so you should hire an attorney.

I don't recommend you do anything in court. You should hire a lawyer who knows that court. The attorney will know the procedures for that court and whether you can get diversion where the case gets dismissed if you perform certain tasks, pay a fee and stay out if trouble.

In a criminal proceeding of this nature you have the right to be represented by an attorney. If you cannot afford an attorney, the court would appoint one for you. An attorney would be able to help you in a court proceeding. It is unclear if you pled guilty at this time. If you did, then a motion to withdraw plea is a possibility if you have not been sentenced. If you were criminally charged, paying restitution will generally not make the charges go away.

You need to speak to a lawyer about a "compromise of misdemeanor." This will keep your record clean if you just pay back the "victim".

You can plead guilty or not guilty. The D.A. usually will drop the charge if the accused makes restitution and the victim does not want to prosecute. You should talk to a lawyer.

You should retain an attorney. This is too complicated for a lay person.

It shouldn't affect your unemployment benefits unless you are being accused of stealing from your employer and that was the reason for your discharge. As to what to say in Court, that's what lawyers are for. It sounds like you are saying you are innocent of the charges but you want to do whatever they say to keep it off your record. It highly unlikely that you can't have it both ways. It would take a lawyer to figure out whether he could pull that off for you. Therefore, I suggest you hire a lawyer.

First, if you did not do it, then do not say you did. Second, even if you were involved, you have a right to see the evidence, not just agree with the DA Third, if you do not have a lawyer, get one. This is not a game and your entire life will be affected, even if you get deferred adjudication, this stays on your record until the statute of limitations has run and you have been discharged. At that time you have a right to have the record sealed. Until that time, it appears on your record as an arrest - no conviction - pending. Note, it shows "pending" so every cop that stops you for anything whatsoever thinks you are a thief and will treat you as such, from traffic tickets on up. Your probation officer can make or break you and you will have to enter a contract with the State - contract requires very little proof in a lawsuit, so even though you may find yourself charged with another crime that the State cannot prove "beyond a reasonable doubt" you can have your deferred "adjudicated" on that same offense if the evidence shows you "likely" committed the new crime. This destroys the "deferred" status, you get a conviction that is final and permanent. Don't show up for probation meetings, you get adjudicated. Don't do the community service - you get adjudicated. Don't pay the fines or court cost, you can be adjudicated. See a pattern here?

You may be able to enter a diversion program in order to keep the theft offense off your record and allow you to keep receiving unemployment benefits. These programs are available in many counties for first time offenders where the dollar amount of the theft is not excessive. Misdemeanor and felony level offenders are often eligible for diversion. A person who qualifies for the program is required to attend theft offender classes, complete community service, and remain law abiding. Upon completion of the diversion program, the charge against you is dismissed without a conviction.

The first time you appear it is an arraignment. Judge will explain potential consequences and ask for a plea. If plea guilty then judge imposes consequences. If not guilty then get a trial date. Prosecutor should talk to you about a recommendation. It is impossible to give you advise without knowing all facts. I would be happy to talk to you at some point.

You really need an attorney to represent you in this matter. If the theft was from your prior place of business then you will not be entitled to unemployment.

You need an attorney. Do not do this yourself. You can not afford to NOT have an attorney. One of the many reasons is that you have contradicted yourself in this brief posting, by indicating that you felt pressured to say you did it, and at the same time saying you just want this off your record. Have an attorney handle this case for you. Say nothing to anyone about any of this other than the attorney that you retain.

My first advice to any client is to NOT say anything. Whatever you say can and will be used against you. A good attorney can negotiate a settlement with the DA. If it is a case of shoplifting there is a possibility it can be decriminalized and you would pay a fine. If the amount was under $250 it is a misdemeanor and you may be entitled to a show cause hearing before a clerk magistrate. If it is over $250, it is a felony and therefore more serious. In any case you need to speak to a competent attorney prior to an arraignment. If it is under $250 an attorney may advise you about the possibility of an accord and satisfaction if restitution is paid.

Retain a good criminal attorney. He will get the case dismissed if it was your first offense. A shoplifting conviction can ruin your chances of getting a good job or career, an apartment, or benefits. Life is about making good decisions...shoplifting is a very bad decision.

You need to retain an attorney to explain the process to you and to allow you to make an informed choice. Your case could be negotiated to protect your record, or you could go to trial and get a dismissal if the facts support it. Without an attorney, you have a great disadvantage and you may never know if you made a good informed choice unless there is a problem down the road that you did not anticipate. The time to get good advice is now. Do not make a choice to plea/make statements/etc without knowing what your choices are and why you make one choice or another. Either hire an attorney or ask for a Court Appointed attorney when you go to Court. Do NOT plead guilty without speaking to an attorney. Do NOT make admissions without speaking with an attorney. Your future is at stake, and poor choices can limit your options. I hope that this was helpful.

Did you steal from your employer? If so, you cannot get unemployment benefits. If you are charged with theft then you need to hire a lawyer. A lawyer may be able to work the case so that you can get it dismissed after serving a term of time like a probation with community service and paying restitution. It is called pre-trial diversion. If you successfully complete this, you can expunge it off your record in the future.

When you are in Court the only thing you should say is "Judge, I need some time to hire an attorney." Then, do it.

Admit nothing. Hire a lawyer. If you can't afford one, tell the judge at your arraignment that you need appointed counsel. Stay well.

Do not plea guilty. Ask for a "diversion" program or take the case to trial if you do not want "it" on your record.

If it is a first offense, you may be eligible to participate in a Diversion program if one is offered in the County you are charged. If that is an option, if the amount in question is relatively small, the offense can be reduced to a petty misdemeanor which in Minnesota is not considered a criminal conviction. If none of those are available, there are sentencing options available such as a Stay of Adjudication or a Continuance For Dismissal which would keep the conviction off your record. You should never enter any type of agreement without seeing the police reports. As long as the charge is not a felony level charge and doesn't involve unemployment compensation, it should not affect your ability to receive those benefits.

If you confess that you stole from your employer, then you could be denied unemployment benefits. Otherwise no. As to your defense, you really need a lawyer. You can't handle this on your own. There will always be a record of your arrest but if you are lucky enough to be offered an adjournment in contemplation of dismissal, then you won't have a conviction.

If you accepted a deferred sentence then if you do all the conditions the charge will be dismissed at the end plus you can seal the record. Check the paperwork you signed to see if that is what you accepted. You can ask the prosecutor for the discovery in your case to see what they have as proof.

When you go to court, tell the judge you want to speak to an attorney and do not have the funds to retain counsel (based on your comment about unemployment). Talk to that attorney.

You need a criminal defense lawyer to help you. You definitely do not want to plead guilty to this crime if you can avoid it. Pleading to theft can impact your criminal record and impact future employment among other issues.

Say you are not guilty and hire an attorney or apply for an attorney at the public's expense. It does not matter if you confessed or otherwise were caught red handed you can still plead not guilty. If this is your first offense you may indeed be able to keep this off your record.

What you have left out is the important information regarding the value of the property you are alleged to have taken. If it is only a petty theft and the value was less than $100 then there is a reasonable change it can be reduced to an infraction which will not go on your record.

Thank you for contacting my office for answers to your questions. Please understand that my responses are general in nature and the law often focuses on specific facts. Before making any legal decisions, you should go over all the facts and specific circumstances of your situation with a lawyer. Additionally, my responses do not create an attorney-client relationship. Your comments to me are confidential and I cannot repeat them. However, I am not representing you on this matter, unless we later establish a formal attorney-client relationship. Now to provide a response to your question. It sounds like you are looking at a misdemeanor charge of theft in the fourth degree. That carries a maximum sentence of one year in jail. You will not likely get sentenced to jail. There are some legal mechanisms that will allow you to keep this conviction off your record. This is a significant opportunity you should not pass up. You will need a lawyer to have the best chance to keep the conviction off your record and know all the rights and problems with this course of action. This is one of my areas of practice and can help you with this case if you desire. There is a chance if you make restitution, the State will drop the charges. This is rare but I did just get that result for a client. I hope this helps you sort your legal situation out.

You should not say anything when you go to court. That is why you have an attorney. If you are representing yourself you are already making a mistake. Most theft cases can be dismissed under the Compromise of Misdemeanor statute but you need to understand the law.

Your question raises an employment question in addition to a criminal question. As far as the criminal question, if you have no record and the store agrees to the court dismissing the case on payment of restitution, you may be able to get the whole mess to go away by paying the store and moving the court to dismiss the case under what is called a "compromise of misdemeanor." If you are a first-time offender, you may also be eligible for diversion. As for the employment question, the Department of Employment Security will review your application for benefits and may deny your application based on what they call a "voluntary quit." In your case it would be due to a violation of the employer's rules. You have a right to a hearing on that and the employer may not object to your receiving benefits. In that case you would begin receiving unemployment compensation after your first two weeks being unemployed.

You only pay restitution if you're found guilty. If you're found guilty, whether by a trial or a plea, it won't be "off your record." It will be "on your record" as a conviction. You need to hire an attorney.

Pay restitution and it will not be on your record? That is the funniest lie I've ever heard, and it probably came from the people you stole from: "Just pay us, and it won't be on your record." Well, it is all a bunch of BS. You better hire an attorney, because if you get this crime of moral turpitude on your record, you can say good bye to any kind of meaningful employment for the next 10 years.

You may want to consult with an attorney who specializes in criminal defense. There is a chance your attorney could draft a civil compromise with the alleged victim whereby the alleged victim agrees to payment for damages in exchange for the charges being dropped. This would all have to be approved by the judge of course. But there may be other options as well.