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oola23 · Jun 18, 2012, 10:54 PM

I was caught in retail theft for 76 usd.my court date is in July.I want to know what happens if your attorney does not turn up at the court or comes late.in such a situation if I'm alone at the court with no friends or family what can I do ?

bonita82 · Jun 18, 2012, 11:27 PM

Why would you think he wouldn't show up did the two of you have a fall out at some point?

ScottGem · Jun 19, 2012, 03:31 AM

You ask the court for a continuance.

But why would you expect him not to show up. Lawyers don't like to piss off judges.

Fr_Chuck · Jun 19, 2012, 05:41 AM

I guess an attorney could be sick, or get stuck in traffic, but they are almost always there.

If he is not, you ask the court for time to wait, and if he still is not there, you ask the court for a new court date.

And you if you have to plead, plead not guilty.

oola23 · Jun 19, 2012, 03:30 PM

Originally Posted by bonita82

Why would you think he wouldn't show up did the two of you have a fall out at some point?

No we didn't have a fallout .
But when he called me to his office for payment he himself came late.

Then 2 days later we were supposed to go to court to take permission for me to leave country and come back again for court date .he told me to meet at 10am and he himself came at half past ten .
So now I'm worried there is no way to make sure he is on time on the court day.

Of course I can tell him to be punctual but what will happen on that day will be on that day.I will be alone at the court ,for the first time ever involved in such a situation with no idea what to do.

oola23 · Jun 19, 2012, 03:34 PM

Originally Posted by Fr_Chuck

I guess an attorney could be sick, or get stuck in traffic, but they are almost always there.

If he is not, you ask the court for time to wait, and if he still is not there, you ask the court for a new court date.

And you if you have to plead, plead not guilty.

Thank you for your reply.
Could you tell me how does one plead not guilty? What would I say ? I am asking this as its my first time ,I have no idea about all this and I only want to be prepared for the worst case scenario i.e. if my attorney is late or doesn't turn up.

ScottGem · Jun 19, 2012, 05:11 PM

Originally Posted by oola23

thank you for your reply.
could you tell me how does one plead not guilty? what would i say ? i am asking this as its my first time ,i have no idea about all this and i only want to be prepared for the worst case scenario ie if my attorney is late or doesnt turn up.

I don't know where the case is. Generally you plead not guilty at an arraignment. The judge asks how you plead and you state not guilty.

A trial is then scheduled. If you are already at the trial stage you have already plead.

oola23 · Jun 21, 2012, 02:47 AM

Originally Posted by ScottGem

I don't know where the case is. Generally you plead not guilty at an arraignment. The judge asks how you plead and you state not guilty.

A trial is then scheduled. If you are already at the trial stage you have already plead.

The case is in chicago in July.my attorney says that he will go and ask for theft school since its my first time and the amount is very small - 76usd against old navy.after I do theft school he will get the case dismissed.
He said we are not pleading anything and hence not going to trial at all.
He had offered this solution as I don't want anything on record .do you think it's a good option?

ScottGem · Jun 21, 2012, 03:24 AM

By not knowing where the case is I meant where in process. But yes this sounds like a good option. Your attorney is trying to keep this off your record.

Your attorney sounds like a busy man. I wouldn't worry though about him being late for court. Sounds like he builds extra time in.

oola23 · Jun 21, 2012, 10:12 AM

Originally Posted by ScottGem

By not knowing where the case is I meant where in process. But yes this sounds like a good option. Your attorney is trying to keep this off your record.

Your attorney sounds like a busy man. I wouldn't worry though about him being late for court. Sounds like he builds extra time in.

Hee hee ,I didn't realize that you meant the process.
Please tell me if I'm coming to chicago only for this case and will be there for a limited time ,is it possible for me to request him to book a slot now itself in the theft school at the earliest possible date after court date.in this way I can do it asap after court and get it all done and over with in 10-15 days.

ScottGem · Jun 21, 2012, 10:38 AM

I do not know what would be required for scheduling at "theft school" (that really sounds strange, I assume it is a program to educate you on the evils of theft). That would be up to the court and the openings available for the program.

oola23 · Jun 22, 2012, 05:07 PM

Originally Posted by ScottGem

I do not know what would be required for scheduling at "theft school" (that really sounds strange, I assume it is a program to educate you on the evils of theft). That would be up to the court and the openings available for the program.

OK.so that probably means my attorney or I can't book it now .I have to wait till the judge at the court assigns it to me.which would mean I would I have to leave usa again and come bac again to do it.

Scottgem , I really want to say a big big thank you to you for answering all my questions so patiently. You have really been a big help. Are you an attorney ? Are you a man or a woman? I also read your answers to amy and you were giving her such good advice.I feel sorry for her ,I hope god will help her.
Once again thank you so so much...

ScottGem · Jun 22, 2012, 05:18 PM

Originally Posted by oola23

ok.so that probably means my attorney or i can't book it now .i have to wait till the judge at the court assigns it to me.which would mean i would i have to leave usa again and come bac again to do it.

Scottgem , i really want to say a big big thank you to you for answering all my questions so patiently. you have really been a big help. are u an attorney ? are u a man or a woman? i also read ur answers to amy and you were giving her such good advice.i feel sorry for her ,i hope god will help her.
once again thank you so so much...

Thank you for the kind words. Glad I was able to help. I am male and not an attorney, but I have worked around the law several times in my career.

oola23 · Jun 26, 2012, 11:06 AM

Originally Posted by ScottGem

Thank you for the kind words. Glad I was able to help. I am male and not an attorney, but I have worked around the law several times in my career.

Dear scottgem,

What do you think can happen if I don't go to court on the said date?

And if I go and things don't go as per my attorney's plan what is the worst that could happen ?

ScottGem · Jun 26, 2012, 11:35 AM

You cannot not go to court. A warrant will then be issued for your arrest. But the worst that I can see happening is you getting probation and a record.

oola23 · Jun 26, 2012, 01:27 PM

Dear scottgem,
Just for my understanding I want to ask you , if I live in another country and for the rest of my life never again go to the usa, then what will happen to that warrant?

On the other hand ,what is a probation and a record ? What happens to me if I get that ?

ScottGem · Jun 26, 2012, 01:45 PM

It is unlikely the US will pursue you over a shoplifting warrant. However I don't know if the fact that you have an outstanding warrant will come back to haunt you in another country.

Probation means that you don't have to go to jail but have to not comment another crime during your probation period. A record means that any background check for jobs, credit etc while show you have a criminal record.

JudyKayTee · Jun 26, 2012, 02:04 PM

I'm ex-Homeland Security/US Customs - I wouldn't be so sure the OP can get OUT of the US if there's an "open" arrest and/or a warrant on the books. All anyone has to do is run his name -

oola23 · Jun 26, 2012, 02:06 PM

Originally Posted by ScottGem

It is unlikely the US will pursue you over a shoplifting warrant. However I don't know if the fact that you have an outstanding warrant will come back to haunt you in another country.

Probation means that you don't have to go to jail but have to not comment another crime during your probation period. A record means that any background check for jobs, credit etc while show you have a criminal record.

OK.so if I don't commit any crime during probation period,what happens after that? Do I get a court date again and I have to appear or if I can't come to usa then my attorney can get the case finished?

My only connection with usa is a tourist visa (for when I come on vacations) and a crew visa (im a flight stewardess).so if I get a record ,when I will apply for both these visas again will my employer come to know ?
Also do you think I will be denied these visas again in future if I have a record?

JudyKayTee · Jun 26, 2012, 02:11 PM

Originally Posted by oola23

ok.so if i dont commit any crime during probation period,what happens after that? do i get a court date again and i have to appear or if i can't come to usa then my attorney can get the case finished?

my only connection with usa is a tourist visa (for when i come on vacations) and a crew visa (im a flight stewardess).so if i get a record ,when i will apply for both these visas again will my employer come to know ?
also do u think i will be denied these visas again in future if i have a record?

I'm interested in what Scott has to say BUT I don't think you will be eligible for a visa if you have a criminal record.

If you don't appear and there is a warrant for you you will NEVER be able to leave and return to the US without being stopped.

Does your employer have to confirm that the visa is for work purposes?

I also have to ask - what were you thinking! Everybody does stupid stuff but this is your JOB that you put in jeopardy.