My sister (20) was picked up in Wal-Mart for shoplifting in November of 2009, the judge ruled a $230 dollar fine, and a year of probation. She was recently picked up for shoplifting again, the arresting officer gave her a summons to court. The officer seems to think not much will happen, and that if my sister hadn't lied she would have just left with a citation. I am wondering if at the hearing on the 17th, if she should plead guilty, or motion and get a lawyer, because I am fairly certain this will violate her probation and she will go to jail. She is not mentally-sound for jail, she has had a suicide attempt, and is on anti-depressants, and attending therapy.

(This is in New Hanover County, NC by the way). All answers are appreciated, thank you.

Hi, xxandycxx!

She should definitely have an attorney to represent her. Did she have one previously?

Thanks!

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Originally Posted by Clough

Hi, xxandycxx!

She should definitely have an attorney to represent her. Did she have one previously?

Thanks!

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No, the last time she just plead guilty and took the fines , etc.

Would there be a problem with her getting an attorney?

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Originally Posted by Clough

Would there be a problem with her getting an attorney?

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There shouldn't be. But what I'm wondering is if she will go to jail even if we have an attorney to try and fight it. She really is not mentally-sound enough for jail time...

A judge might order a mental evaluation for her.

Since she did violate probation by committing the same type of offense, it wouldn't be unlikely for her to serve some jail time.

However, depending on the laws in place, at this time, the judge may be allowed some levity as far as the type of sentence is concerned. Maybe she'll get house arrest or something else.

It's really hard to say...

But, she definitely will be more likely to fair better by having an attorney to represent her.

Quote:

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Originally Posted by Clough

A judge might order a mental evaluation for her.

Since she did violate probation by committing the same type of offense, it wouldn't be unlikely for her to serve some jail time.

However, depending on the laws in place, at this time, the judge may be allowed some levity as far as the type of sentence is concerned. Maybe she'll get house arrest or something else.

It's really hard to say...

But, she definitely will be more likely to fair better by having an attorney to represent her.

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Right. I don't know if we should get a public defender, or what. If paid attorneys are really all that better, then we can do that.

Shameless self bump

Hello shameless:

Ok, you got my attention... Public Defenders are as good if not better than other attorney's. You just need to manage them better.

But, this isn't something that she's going to win. She probably DID it, and probably ADMITTED doing it to the cop or the store loss prevention people... I'd just try to make a good deal..

Yes, I know she's not mentally sound enough for jail... But, she DOES understand stealing, doesn't she??

excon

Just being a public defender does not mean they are bad, if this was a murder trial and you needed research and more, then it helps to be able to pay researches, doctor evals and more a PD may not be able to do.

And if she knows right from wrong, then she is mentally able to go to jail, or prison, Prisons even have mental health wings, 24 hour secure suicide watch programs and more.

She would have best never admitted to it, at the store or at the arrest. And made them prove it, in court. But again, as excon, assuming she already confessed, she needs to get a deal arranged before court