Larceny Charge on Police Records
A couple of days ago, I was stupid and was charged with petty theft (larceny) because I tried to make good on a bet I lost. The one time I even try something like this, I get caught.. I'm such an idiot but I need help. How will this show up on my police records when banks do background checks? I have yet to show up for my court date but I think I will plead guilty since I really don't have any defense. Any insights on my situation would be great.
Thanks guys...
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Here is some great advice I wish I could have given you a couple days ago: don't be a moron.
What were you thinking?
I know I messed up.
Is there really any way to fight this? I don't see how I wont get convicted.
Whatever you do...go get a lawyer. Discuss your options with him and go from there. None of us can give you better advice than a lawyer can. I know it's probably going to be pricey but it will be worth it.
You completely have a chance to beat it. When you show up in court, you will first have a chance to talk with the prosecutor, use this opportunity to explain your situation and get this brought down to a violation or an infraction with a heavy fine (pay whatever you have to). If your record is clear, most prosecutors won't try to go all out on you. So this is still lawyer free, if he goes ahead and does want to charge you, tell him that do want to be represented by an attorney and then it will re-convene in a few weeks. But don't just take it lying down, as long as the sum is not excessive, you should be able to keep your record clear. Feel free to PM for more info.
If it were to remain on my record (in Illinois, it's a notch below a misdemeanor), how much would this affect my candidacy? Would I immediately be axed once I submit my background check?
Any other insight? I desperately need help >
What kind of bet did you lose?
Person A-- If the Steelers lose, steal a 12 pack!
You-- Ah, the steelers are going to win, it's a deal!
definitely get a lawyer. itll be expensive, but not worth having a criminal conviction. if its a notch below a misdemeanor, its probably a disorderly persons offense. with a lawyer, u will probably get it down to an ordinance violation with a slap on the wrist and a fat fine. ull get over that. def dont want something like this on your record. drinking and fighting is one thing, but stealing is another. banks dont want to see that shit. my $.02.
Wallden,
You should plead not guilty. Pleading guilty means that the charge will automatically go on your record. In the finance industry, having a misdemeanor will definitely be enough to exclude you from an entry-level position (if you think about it there are x amount of qualified individuals with clean records). So you might want to consider getting a lawyer to be on the safe side (although you might not need one).
After pleading not guilty, most likely what will happen is the court will offer you some sort of deal such as an Adjournment of Contemplation Dismissal(ACD), which basically means you will be on probation and at the end of probation if you don't get arrested/screw up, it will be completely wiped from your record. Other possibilities include some combination of a fine and community service, depending on your area.
Can you really plead not guilty if it was obvious that you committed the crime, though?
Of course you can. You just won't win.
Navy Suit Gorilla's advice is the best. Get a lawyer. Go with the sob story and plead it down to an infraction with community service and a fine.
If you really do have a clean record and you present yourself well, you should get out alright. The judge is your ticket out of this mess.
I cannot emphasize enough how important it is to be humble and honest, wear a suit, comb your hair, and speak as eloquently and respectfully as possible.
If you don't want to go with a lawyer right away then do what someone above said, and talk to the prosecutor before. Generally you can plead no contest which is NOT pleading guilty, and they will give you a fine and community service. You can then move to expunge it from your record, which they shold do after this is completed.
If the prosecutor does not offer you a deal like this then ask for a postponement and get a lawyer.
Or save yourself the hassle and get a lawyer right away. It will be faster and easier and less painful.
-Formerly employed by the office of the district attorney.
Should I talk to the prosecutor outside of court before my initial court hearing? I think on that date, I will only announce if I plead guilty or not guilty and nothing else. I don't know if no contest is an option.
go there, plead not guilty. they'll give you a new court date where you will speak with the prosecutor and try to make a deal on your own. if that doesn't work out, ask that you'd like a lawyer to represent you and that you'd like to reschedule.
Is the criminal charge already on my record? Or does it appear if/after i'm convicted?
Btw, I really appreciated all the advice. I am taking much of this to consideration.
it appears after you're convicted
I won't even try to comment about the circumstances you have brought upon yourself, or what I think about it. But I will offer you some sincere advice.
Don't be foolish. The prosecutor is not your friend. He is not there to help you. Relying upon his good nature and charity is a good way to make things worse for yourself.
Do the smart thing. Get yourself a lawyer. The best one you can find.
Would it really help that much if I were able to get this down to an ordinance violation or infraction? Would it still show up on the criminal records with the same detailed description of what happened?
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Go out and get a lawyer. Now. He will be infinitely more qualified to answer any and all of your legal questions than anonymous individuals on a message board.
I agree with most of what you said, Navy Suit Gorilla. But making an excuse like this automatically disqualifies someone from "alpha male" status.
Also, NO...the prosecutor is not your friend. Get a lawyer. But the JUDGE can be your friend.
Trials cost money. They also take up the judge's time. He does not want a trial if he can help it. If you are articulate and charming, he will push for settlement.
A lawyer would tell you this. And more. Get one.
I am seeing a lawyer at the end of the week. I am asking you guys questions about how a bank would view various outcomes of this incident.
I appreciate all your advice and I am indeed taking much of it into consideration.
it would help monumentally if you could get it down to an ordinance violation.
Wouldn't the records still describe exactly what happened though? Won't the employer still see that I committed retail theft and does it really matter what it is recorded as?
Here's your answer Walden pond:
You pay a top traffic ticket or lower grade misdemeanor attorney $1000 to take your case. He's got a great reputation as a fighter. He puts all his cases on the same docket for the SAME day in the SAME court. As many as he possibly can, this is his strategy. All lower class offenses go in these trivial courts usually, ranging from speeding tickets to petty larceny. The court can only do 1 trial per day, at most 2. So, top traffic ticket attorney gets 10 acquittals for the ten clients who can't get their case to trial due to overcrowding (automatically the prosecutor has to drop the cases because he can't try them), and he has a 50% chance of winning the one he does (assuming 11 clients on the same day).
This is the type of attorney you need to get...
My story is based off personal experience getting off a traffic ticket as a teenager. It applies to your case.
Do the research, and get this type of attorney.
My story doesn't apply if you live in Podunk, North Dakota or somewhere where there is no time constraints as there were in my case.
net worth or nothing, where would I be able to find such an attorney?
And if I were able to get this reduced to a court supervision sentence, how will this be looked upon on the background check?
What exactly do the background check forms ask?
generally, felonies and class A misdemeanors
wallden, with the kinds of questions you're asking, part of me has to wonder what kind of investment bank would hire you...i mean, if you can't even do the necessary diligence to save your own rump (i.e. finding the right attorney for yourself), lord knows how you'd have the motivation to do research in order to have prepared for your interviews
no offense, but i just call things as i see them.
No offense numi, but this is his diligence. While I think the situation is a bit ridiculous, you can't say he is blowing it off and pretending like it never happened... Though I would say this is probably a very poor area to seek legal advice.
understood - no offense taken on my end. the whole situation seems pretty bizarre to me as well, but i'll try not to kick the guy while he's down. hopefully everything works out for him.
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