NOLLE PROS-COMP PTI If this is what my case says from 1991 case charges dropped file distroyed and I was arrested for petty theft in 2010, will it be considered second offence ? Should I get a public defender I was laid off.I am scared and do not know what I should do. If I could come up with some money how much would it cost ? Would I still have to go to court or would the attorney be able to appear for me. If I plead guilty what is the worse that can happen ? They have a good case and I have no defence, that I know of.
1 Answer from Attorneys
Well the charge would not legally be considered a "second" offense because the first one ws dismissed. However, the state may want to use that charge to ask for a higher sentence. You should get representation regardless of whether it is a private attorney or public defender. You probably know that public defenders are overworked so a private attorney will be able to get you more attention. However, if you can't afford an attorney then that is your only option. Petit theft can either be a 1st degree misdemeanor, which means punishable by one year jail, or a 2nd degree misdemeanor, punishable by 60 days jail. Having an attorney is your best defense in avoiding any jail.
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