Incident: I am 18 years old and was arrested the other day from shoplifting some jewelry and perfume from. The total was under 200$. Backgro...

Question

Incident: I am 18 years old and was arrested the other day from shoplifting some jewelry and perfume from. The total was under 200$.

Background: This is my first offense ever; I have no record, not even parking tickets or speeding tickets. I am a college student, little scholarships, graduated from an esteemed high school, received an award for community service. Deeply involved in my community and overall never had any entanglements with anything / one ever.

I have yet to receive my court notice. But I need to know what to expect. I am not getting my parents involved in this whatsoever, so I'm on my own in this one, both emotionally and financially.

1) I need legal representation. I did seek out the Public Defender's office (and I still have to follow up and apply so I'm not entirely sure) but I feel like this may not work because I've never had a job or a credit card or a bank account so I have no assets and no paperwork to indicate this.

And my parents will not pay and I am 18 so I'm no longer their dependent.

How can I obtain legal rep?

2) If I cannot obtain legal rep, what should I do? Can I appeal to the court to provide me with one?

3) If I end up having to defend myself, what are my options, what should I do?

4) My goal is to get the lowest penalty possible and I am prepared to plead guilty if that is what it take. This is what I need: no jail time, I will do community service. I will pay whatever fine I need to. But I need this to be expunged. Preferably as little probationary time as possible. - Is this realistic? Will I need a lawyer to finagle this from the state's attorney? I DO NOT WANT THIS TO GO TO TRIAL. I want this over as quickly as possible.

5) I want the judge to decide because I think they would be more sympathetic. This is not a case based on human emotions, it is a moment of weakness of an 18-year-old and I think a seasoned judge would understand that.

6) Is a good idea for me to defend myself if, god forbid, I can't find anyone?

Answer

Unless you can pay to retain a lawyer privately, then one appointed by the Public Defender would be the way to have a lawyer represent you. Even if you are an adult, someone must be provding your room and board. OPD requires an affidavit of support, because you have to demonstrate eligibility.

If OPD denies representation, then you might ask the court to appoint counsel. However, you might be concerned about having an attorney for whom your case is all burden and no benefit protect your freedom and your future ability to obtain work, a place to live, or a loan. You might go to jail or prison for up to eighteen months and have a permanent guilty finding on your public record.

You may not expunge a guilty finding, and if you cannot afford a lawyer, you might not be able to pay the fine that the court imposes either. Depending on the person, some judges would be less sympathetic than prosecutors. The court might want to make an example out of you.

No one has to have a lawyer. Consider whether you are familiar enough with the law, criminal procedure, and the rules of evidence that you are willing to risk having a permanent criminal record and serving eighteen months in confinement.

Follow up with the public defender and perhaps get your parents involved before you regret not having done so.

Answer

If your case is in Montgomery County like you are, you may be offered diversion (community service for a dismissal). I can certainly help you get this done. Call me anytime.