I'm a first time offender who just lost my job that was caught stealing children's clothes for Christmas gifts. It was $66 total. I wasn't arrested at the store because I have an absolutely clean record. Should I seek legal counsel for my court appearance or plead no contest, apologize for my actions, and hope the judge takes it easy since it is my first time of ever being in trouble?
Answer
In Ohio, it is best to get a lawyer experienced in criminal defense work since theft, regardless of how small the amount, can be charged as an M1 which carries 180 days in jail and a $1,000.00 fine max. There is a possibility with a clean record that your attorney could make a request that you be put in a diversion program and then the offense would be dismissed upon your successful completion of that program.
Lastly, if you plead guilty to something, you will want to make sure that you can expunge it later. If you don't have an attorney there to tell you whether or not the charge you are pleading to can be expunged, then you may have this on your record forever.
If you can't afford an attorney, you should tell that to the judge at the arraignment and they will have you fill out an application for appointed counsel.
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