Plead guilty or not guilty?
September 13, 2011 6:10 PM Subscribe
Legal filter - I just got arrested: plead guilty or not guilty?
I am a California resident who was arrested a week ago for shoplifting 26 dollars worth of blank dvds from a Walmart in Michigan. I have never been arrested for shoplifting before. Since being arrested, many many people have told me to plead not guilty even though I clearly am. Does that makes sense to you? I get the impression that I will be able to fight for a better "deal" should I plead not guilty and go to court with a lawyer. People have been telling me to get my lawyer to come to the arraignment with me to coach me but I don't have money to pay for a private lawyer and therefore only have legal representation if I plead not guilty. So anyway, do I plead guilty or not guilty? Thanks yall.
P.S. Though I've never been arrested before for shoplifting, I was arrested almost two years ago (december 2009) in California and charged with three misdemeanors: assault of a police officer (false), refusing arrest (partially true) and the third I don"t remember (maybe disorderly conduct). Will those charges affect my case? What about after you factor in that the two arrests happened in different states? Also, If I ended not going to court at all and went back to Cali, would Cali police come knockin at my door to take me back to court? I know there would be a bench warrant out for me but as long as I don't run into the cops for speeding or something, will they really looking for me?
I am a California resident who was arrested a week ago for shoplifting 26 dollars worth of blank dvds from a Walmart in Michigan. I have never been arrested for shoplifting before. Since being arrested, many many people have told me to plead not guilty even though I clearly am. Does that makes sense to you? I get the impression that I will be able to fight for a better "deal" should I plead not guilty and go to court with a lawyer. People have been telling me to get my lawyer to come to the arraignment with me to coach me but I don't have money to pay for a private lawyer and therefore only have legal representation if I plead not guilty. So anyway, do I plead guilty or not guilty? Thanks yall.
P.S. Though I've never been arrested before for shoplifting, I was arrested almost two years ago (december 2009) in California and charged with three misdemeanors: assault of a police officer (false), refusing arrest (partially true) and the third I don"t remember (maybe disorderly conduct). Will those charges affect my case? What about after you factor in that the two arrests happened in different states? Also, If I ended not going to court at all and went back to Cali, would Cali police come knockin at my door to take me back to court? I know there would be a bench warrant out for me but as long as I don't run into the cops for speeding or something, will they really looking for me?
This post was deleted for the following reason: This is way too into the "I need professional advice" category for it to be okay here. It wouldn't be approved as an anon post and its not okay as a non-anon post. I'm sorry. -- jessamyn
Err yer asking about intentionally failing to appear in court (a crime) under your own screen name. Not. Too. Smart.
posted by xmutex at 6:14 PM on September 13, 2011
posted by xmutex at 6:14 PM on September 13, 2011
Jesus fucking christ. Get this anonymized (or better yet deleted) and then ask these questions of a lawyer.
posted by craichead at 6:18 PM on September 13, 2011 [1 favorite]
posted by craichead at 6:18 PM on September 13, 2011 [1 favorite]
Please ask the mods to anonymize or delete this. You need a lawyer with experience representing criminal defendants. The local bar association can refer you to one. Even if, on the advice of your lawyer, you do enter a guilty plea, you may have the opportunity to do so on more favorable terms than if you try to handle this yourself. If you cannot afford a lawyer, you may be eligible for representation by a public defender.
posted by Inspector.Gadget at 6:20 PM on September 13, 2011 [1 favorite]
posted by Inspector.Gadget at 6:20 PM on September 13, 2011 [1 favorite]
When I was in high school, we had an opportunity to talk to a judge for a while about. . . stuff. I can't really remember anything in that conversation except that he said "If you are ever charged with a crime, PLEAD NOT GUILTY. I don't care if they have you red-handed on videotape and your own mother signed a statement against you. Plead not guilty."
I am not a lawyer, this is not legal advice. But that has always stuck with me."
posted by KathrynT at 6:20 PM on September 13, 2011 [1 favorite]
I am not a lawyer, this is not legal advice. But that has always stuck with me."
posted by KathrynT at 6:20 PM on September 13, 2011 [1 favorite]
Public defender here. No one can answer these questions or all the other questions you should be asking. Don't abscond. Don't enter a plea, particularly a guilty plea, without discussing it with a lawyer who can advise you of all the ramifications. Call the county PD office.
posted by *s at 6:25 PM on September 13, 2011 [1 favorite]
posted by *s at 6:25 PM on September 13, 2011 [1 favorite]
http://courts.michigan.gov/scao/selfhelp/intro/criminal/misd.htm
"The arraignment is held before a district court judge or magistrate. At the arraignment, the judge or magistrate will explain to you (the defendant) the charges, your constitutional rights, and the possible consequences if you plead guilty or are convicted after trial of the charge. You will enter a plea of guilty or not guilty, or you may stand mute."
I highlight that not to give you legal advice, but just to emphasize you do have another option between pleading guilty and not guilty in Michigan.
Go talk to an attorney, they often have a free initial consultation. At the very least you will be able to pick up some useful information should you choose to represent yourself (not recommended).
posted by banished at 6:27 PM on September 13, 2011
"The arraignment is held before a district court judge or magistrate. At the arraignment, the judge or magistrate will explain to you (the defendant) the charges, your constitutional rights, and the possible consequences if you plead guilty or are convicted after trial of the charge. You will enter a plea of guilty or not guilty, or you may stand mute."
I highlight that not to give you legal advice, but just to emphasize you do have another option between pleading guilty and not guilty in Michigan.
Go talk to an attorney, they often have a free initial consultation. At the very least you will be able to pick up some useful information should you choose to represent yourself (not recommended).
posted by banished at 6:27 PM on September 13, 2011
I am a lawyer, but you are not my client and nothing I say to you in this forum can or should replace the advice of a competent lawyer familiar with your jurisdiction. I am not admitted in Michigan or California, I am not competent to provide legal advice to you in your situation. Do not rely on my post in forming any course of action other than consulting with a competent lawyer.
You can and should talk to a competent lawyer in Michigan. This includes various pro bono legal clinics, the Legal Aid society, etc. etc. All of these options could provide you with low-cost or no-cost legal advice specific to your situation, which is something that random people on the Internet cannot do.
Your question as posed, and especially the part in the "PS" is phrased such that it is pretty much impossible for someone competent to offer any advice other than "talk to a lawyer". People who would offer specific advice to you responding to those specific concerns are either nonlawyers, or are unfamiliar with the applicable ethical rules and the potential malpractice risk from forming attorney-client relationships or otherwise providing fact-specific legal advice to pseudonymous posters on the 'net. In short, why would you rely on either?
About the only thing I'm even remotely comfortable saying other than "consult with a lawyer" is that, in the abstract, pleading "not guilty" to an indictment can simply be an indication that you wish to hold the State to its burden of proof. And with that, I've probably said too much.
posted by QuantumMeruit at 6:33 PM on September 13, 2011 [3 favorites]
You can and should talk to a competent lawyer in Michigan. This includes various pro bono legal clinics, the Legal Aid society, etc. etc. All of these options could provide you with low-cost or no-cost legal advice specific to your situation, which is something that random people on the Internet cannot do.
Your question as posed, and especially the part in the "PS" is phrased such that it is pretty much impossible for someone competent to offer any advice other than "talk to a lawyer". People who would offer specific advice to you responding to those specific concerns are either nonlawyers, or are unfamiliar with the applicable ethical rules and the potential malpractice risk from forming attorney-client relationships or otherwise providing fact-specific legal advice to pseudonymous posters on the 'net. In short, why would you rely on either?
About the only thing I'm even remotely comfortable saying other than "consult with a lawyer" is that, in the abstract, pleading "not guilty" to an indictment can simply be an indication that you wish to hold the State to its burden of proof. And with that, I've probably said too much.
posted by QuantumMeruit at 6:33 PM on September 13, 2011 [3 favorites]
Shut up. Stop writing, stop talking. Until you're given a lawyer, don't say anything other than "Not Guilty."
posted by ewiar at 6:35 PM on September 13, 2011 [1 favorite]
posted by ewiar at 6:35 PM on September 13, 2011 [1 favorite]
Please, please read the above ten times. Then have this post deleted.
posted by RJ Reynolds at 6:35 PM on September 13, 2011
posted by RJ Reynolds at 6:35 PM on September 13, 2011
I hope you are being more circumspect with your case in person. This should be deleted or made anonymous. The lawyers are giving you the best advice ever: don't say anything except to a lawyer. You can ask the court for information of public defenders (this is often listed somewhere in the charging documents. Do not leave the state in which you are charged. You NEED to talk to a lawyer, ASAP. Don't take advice that tells you to do anything other than stay put and talk to a lawyer.
As to your PS: MI has "Habitual Offender" laws, so, yes, you should be concerned. Talk to a lawyer immediately.
Again, have this deleted or made anonymous at the soonest!
posted by batmonkey at 6:41 PM on September 13, 2011
As to your PS: MI has "Habitual Offender" laws, so, yes, you should be concerned. Talk to a lawyer immediately.
Again, have this deleted or made anonymous at the soonest!
posted by batmonkey at 6:41 PM on September 13, 2011
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posted by quodlibet at 6:13 PM on September 13, 2011 [3 favorites]