I was charged with 5th degree theft ($12.00 item) on Feb. 1, 2012. I received a notice to appear in court October 2nd. I was never issued a citation. I plead not guilty and had a bench trail. The judge said he was torn and would give his decision at a later date. I was found guilty. My attorney asked for a deferred judgement due to the fact I have no prior record, not even a traffic ticket. The court denied the request for a deferred judgement. My attorney withdrew and now I am on my own. I filed an appeal for the court to reconsider a deferred judgement. I was told I have to write a brief and file this in the court within 14 days. By this showing on my record, I can't get a job anywhere. I am a diabetic with heart problems and I need a full time job with health insurance so I am able to get my medication. I'm not a lawyer and a bit confused about writing a brief. Do I just explain the circumstances and why I'm requesting reconsideration of a deferred judgement? Any advice or pointers would be greatly appreciated. I've never had a deferred judgement in my life and while I was in court I listened to cases before me, all charged with 5th degree theft, all were given a deferred judgement, some have had repeat offenses and still granted a deferred. However, I was not so lucky. The judge wrote on his decision paper that I was eligible for a deferred but the court declines to give one. Can't help but wonder why these were handed out to everyone else, but need advice on writing the brief to appeal.
1 Answer from Attorneys
There's not much I can tell you except your brief will need to argue why the court should overturn the trail court decision. If you need help I would suggest you contaqct the Drake legal clinic and see if they have a studnet who can help you.
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