Users' questions

Can a shoplifting case be defended in court?

Can a shoplifting case be defended in court?

There is also a possibility that your case may be defendable in court. The following issues may arise in your shoplifting case: Mistakes. Store security people are not trained police officers. They make mistakes and mishandle evidence. Unavailable witnesses. Private security personnel often don’t stay long in the same job, or at the same address.

What’s the point of plea bargaining at arraignment?

The point of plea bargaining —which often occurs after initial appearances or arraignments—is to receive some kind of benefit in exchange for a guilty or no-contest plea. Without having a lawyer who has negotiated with the prosecution, a defendant who pleads guilty can be subject to the whim of prosecutors and judges.

Why do people plead not guilty at arraignment?

Because of the availability of changing a plea to guilty later on, most criminal defendants plead not guilty at the arraignment because they know they can later change the plea if they do reach a favorable agreement.

When does it make sense to plead not guilty?

At some point in the early stages of criminal cases, whether at the first court appearance or a later arraignment, judges ask defendants how they choose to plead. It often makes sense for a defendant to plead not guilty at this point.

What happens if a defendant pleads not guilty at arraignment?

A not guilty plea means simply that the defendant is going to make the state prove the case against him. Guilty. If a defendant pleads guilty to a very minor crime at arraignment, such as disorderly conduct, the judge may sentence the defendant at arraignment.

What happens if a case is not scheduled for arraignment?

If a criminal complaint, information or indictment is issued and the prosecutor’s office or the court does not schedule the case for arraignment until months or years later, the defendant’s attorney can ask that the case be dismissed because of the delay.

What should I expect at my Criminal arraignment?

In addition or as an alternative to setting a bond or other conditions of release, the court can place a defendant in a supervised release program while his case is pending. In some states, this is known as pre-trial supervision and is similar to being on probation while your case is pending.