Q: Is it worth it trying to fight a Class C "Shoplifting under $100" citation without a lawyer?
My friend and I went to the grocery store together, used the same shopping cart, and the same self-checkout, but I asked her to scan my groceries for me after she did her own, while I was on my phone next to her, and not paying attention to her. She underrang items from both lists, and we both paid, I believing I had paid for everything on my list. We were stopped by AP, and both issued citations. If I chose to fight this on my own (since I can't afford an attorney), do I even have a chance, or should I just bite the bullet and deal with the consequences, despite being totally innocent and unaware of her actions at the time of the incident?
A: Theft is a crime of moral turpitude so you don't want that on your criminal record, even if it is "only" a class C misdemeanor. It is ALWAYS best to have an attorney on your side, but this is something a traffic ticket attorney can probably handle (cheaper than a criminal trial attorney.) If an attorney was charged with this offense, they would almost certainly hire an attorney rather than doing it themselves so that should tell you something. That said, if you absolutely can't afford an attorney and the court won't appoint one (they can get away with that on a class C) then it would be better to go to court and ask the prosecutor to dismiss the charge or agree to a dismissal program than it would be to simply pay the fine without even trying and accept a permanent black mark on your criminal history report. Many people mistakenly believe that criminal charges magically disappear after 7 years and that is simply not true.
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