I recently met with my lawyer on a 3rd degree felony. He said that I won't face prison time, and most likely not jail time either. The crime was retail theft. He also said that he was going to try to get it knocked down to a misdomeanor. He then said that I would plead "Not Guilty". I asked him if I was still going to plead that knowing what I did and knowing that they have 2 signed confessions, and he said yes. Is this a good idea? I want to trust him, but I have no idea how this all works. I know what I did was wrong and just want to get on with paying back the store with restitution as well as getting on with whatever sentence the judge hands me. Should I find a new lawyer or is this typical?

Yes this is typical. Basically he's hoping that by pleading not guilty the DA will want to plea bargain rather than going to trial. Its extremely rare that a defendant pleads guilty at arraignment.

Yes, this is how it works. Normally even if they have you on live TV doing the crime, you plead not guilty to start with at least unless you have some plea agreement arranged ahead of time.

First pleading guilty without a plea agreement does you no good, you would always have some chance of a trial issue.

Next never confess unless you have an attorney with you.

Most likely the attorney will try and get the confessions thrown out for lack of council or forced confession. Next the DA does not want to spend the money for a court trial, the cost of witnesses, jury, judge and so on.
And the hours of research the DA office will have to do to prepare the case.

Ok, you have guilt and think that you just think that being guilty means you pay for your crime. But this is what an attorney is SUPPOSE to do for you, they try to get your off no matter if you are guilty or not. If they did not do this, they would not be doing their job and you could ask for a new trial because your lawyer did not properly represent you.

At trial you don't have to even speak, so if he knows you are guilty he will not call you to talk, and since you have the right not to talk against yourself, the DA can't call you to the stand either.

So now all the attorney has to do is get the confession thrown out.
Or try to work out a deal with the DA.

But yes you have a good attorney doing what is correct.

Thanks for the info! What are the odds that this will be knocked down to a misdemeanor? I was not given the right to council before I confessed at the store, but I was read my rights once the police officer arrived and before he took a 2nd written confession.

Hello Pic:

Frankly, to find a lawyer who actually wants to help you, instead of having you plead guilty so he can clear his calendar, is very refreshing.

I would follow his advice, because you admittedly don't know anything about what's going on.

Your right against self incrimination, which is where the reading of your Miranda rights come from, are against the POLICE, not a private company. It certainly doesn't help your lawyer when they've got a signed confession from his own client, but he's only got what you gave him to work with.

What are the odds?? Well, since you SNITCHED on yourself, and they have it in writing, I'll give it 7 to 3 against you.

If you go down, it's because of what YOU did, not your lawyer. And, I don't mean the crime!!

excon

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Originally Posted by Piccsweety

Thanks for the info! What are the odds that this will be knocked down to a misdemeanor? I was not given the right to council before I confessed at the store, but I was read my rights once the police officer arrived and before he took a 2nd written confession.

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Its really hard to handicap this this, without more info. Do you have a prior record, is this a first offense. Can you give the store full reimbursement, if you do, will they not press charges or recommend leniency? There are too many factors here.

Honestly who knows, it appers your attorney feels good about it,

Every DA and every court system has its own personality, each will do more for this or that.

If you have never did anything before, if you have a good job, and see like someone who just made a bad mistake and are willing to pay back everything, it is a lot easier for them to agree to this, let you have probation and let you keep your job so you can pay it back.

If you homeless or just living with some friend, had no job, no work history, I would buy some soap on a rope and pack my tooth brush.

And right now election time is over all that get tough on crime talk is over and there is beter chances of deals to keep the system moving

In the American court system, it would close down if everyone actually wanted and got a trial, I doubt if 10 percent ever really go to trial ( the figure is my guess from personal cases in Atlanta

I have no previous record short of a couple of speeding tickets more than 5 years ago, had a teaching job the last two years and took this year off to have a baby (I am about 7 months pregnant now). I can pay the store back in full... but haven't gotten the bill from the collection agency that they said I would get. This all happened about 2 weeks ago or a little more. Is this something that the DA would really want to waste time on, or do you think they would rather plea this out? I don't mind doing my time in probation, or even a few days in jail... I just want to know what to expect.

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Originally Posted by Piccsweety

I just want to know what to expect.

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Hello again Pic:

Yeah, the anticipation is a killer - but only the judge knows. I doubt you'll do time, and I wouldn't wait for any collection agency. I would make sure they got paid, and I would make sure that I had documentation of it. What happens if the collection agency doesn't contact you? The DA could say that you don't care. I know you do, but you got to pre-empt the prosecutor.

Besides, they're going to add on all sorts of fees.

excon

I also think the odds are they will plead it out. You should not contact the retailer, your attorney should be doing that for you. Make sure he does.

Clarify things with your attorney. I wonder if (s)he really intends for you to plea bargain, which is where you'd plead guilty to the misdemeanor offense, accept the accompanying sentence (which can also be negotiated as part of the plea agreement), in exchange for having the felony charges dropped. It sounds like this is what your lawyer may have in mind. Find out for sure.

Will he try to settle this before my court date (I guess this would be arraignment) or will he wait to suggest the alternative in court after I plead not guilty to a felony? By the way thank you everyone for your comments! I have absolutely no idea how this all works in the real world so this gives me some heads up as to what might happen! I really appreciate it!

The arraignment is where you enter a plea and bail is set. Usually this occurs within hours of your arrest. Your actual court date is when the trial begins. The plea bargaining generally occurs after arraignment but before the trial starts.

Hello again, Pic:

The wheels of justice turn very slowly. The slower it goes, the better for you. Chill! Go on with your life.

excon