Saturday, July 31, 2010

If you needed legal advice on an accused minor violation, how would you proceed to find out what you need?

Accused of steeling (a $1 item) did not do it. I insisted on police being called as the store employee was treating me very badly and said it was on video. I am truly innocent. I thought the officer would have confirmed this as the video could not have me on it as, as I stated I did not do it. Instead I received a ticket for theft under $50.00. I asked for the item to be brought in for fingerprints and stated i would pay for it, but the officer refused.





My dilemma.





I have plead not guilty. (obviously)


I have a docket schedule in about a week.


I want to be as sure as possible that I am not found guilty because of whatever.


I really cannot believe that this could actually happen to someone.





Question.


1. Do I need an attorney for the docket (probably a scheduling docket) or 2. do I just wait until it goes to trial to hire one?


3. Is it possible to have it thrown out at the docket?


4. If so how would I do this?





I know this may sound stupid to those of you who are attorney's as this is probably common sense to you, but i really do not know what to expect. I have never ever been accused of steeling (I just dont do it), and have never been to court, but because someone has accused me of something, I guess it is up to me to proove innocense. Pleas help. Any additional information appreciated by those in the know. If you needed legal advice on an accused minor violation, how would you proceed to find out what you need?
Its an old saying that the lawyer who defends himself has a fool for a client. Its also a true saying.





If you are to represent yourself, its not the store that is prosecuting you, its the city or the state. You probably aren't aware of the rules of criminal procedure, nor are you aware of what the city must prove to obtain a conviction.





Remember, you don't have to prove your innocence. The prosecution must prove your guilt beyond a reasonable doubt. To do this, they must have found the item in your possession, or must have seen you take it, etc.





Therefore, if you are intent on dealing with this, I would hire an attorney to assist you. For a referral, contact your local or state bar association.If you needed legal advice on an accused minor violation, how would you proceed to find out what you need?
I would get a lawyer.
If you didn't steal this item, why would you offer to pay for it? The officer will probably have documented that offer in his/her report which might make you seem guilty.





I would recommend you talk with an attorney. The attorney can get all of the evidence the prosecutor has against you through a process called Discovery and attempt to get it thrown out if possible.





Good luck!

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