Call for an Initial Consultation (908) 561-5577

Live Help 24/7

Call for an Initial Consultation (908) 561-5577

Call Now 24/7

What Are Common Issues In A Theft Case That It Helps To Have An Attorney For?

by James A. Abate

Contact Us Now

This field is for validation purposes and should be left unchanged.

I know many public defenders who are reasonable attorneys. Sometimes they do public defender work part-time and private counsel work the rest of the time. It is a matter of resources because, when someone has a public defender, they will see them for the five minutes before the court conference. After that, they have no other responsibilities. The private counsel will have more time to investigate, conduct legal research, and pursue novel avenues of dealing with the case. The public defender is limited, whereas private counsel is unlimited in what they can do.

Should A 16-Year-Old Who Stole Something Go Through The Juvenile System And Learn Their Lesson Or Should They Consult An Attorney?

The person should absolutely consult an attorney because the way the case is handled can determine whether or not this follows them around. There can be restrictions placed on them, and it can end up on their record depending on how it is handled or they could even go to jail.

How Long Can A Theft Charge Or A Theft Case Potentially Last?

The typical amount of time for shoplifting types of cases is three to six months, but it could be up to a year before it goes to trial for a more serious theft case.

How Does the Process Work After Being Arrested For Theft?

Generally, the person would have to go in for a preliminary hearing, an arraignment, where the charges they face and what the penalties are would be explained to them. They would be given an opportunity to hire an attorney. After that would be the second hearing, which is an early disposition conference where the prosecutor offers the best deal he thinks the person will ever get before the person is indicted and without knowing any information about the case. There will be some status conferences on discovery and then the person will sit down for a pretrial conference, and finally, they will start with jury selection and the trial. The case will be settled through a plea bargain if the prosecutor and the defense counsel can come to an agreement on a resolution at any stage of this process.

Could Someone Easily Become The Scapegoat For Some Sort Of Crime Where They Do Not Realize The Severity?

The third category of people is the ones who are desperate. This often manifests in the form of passing bad checks. If someone’s family was hungry but there was no money, he might break into a bakery, break the window and steal a loaf of bread. In this case, the person would just walk into the agency, write a check even though they have no money in their account and they would take the bread home and probably some more things also.

The AMP would have the person prosecuted for passing a bad check, which could be prosecuted at the municipal court level for either disorderly person misdemeanor offense or, if there was enough money involved and it had been done enough times, a felony crime in the superior court. There are people out there who get themselves into desperate situations where they are left with very few options other than to do desperate things.

How Long Would It Take To Get An Expungement?

To get an expungement of a conviction, a person could file for an expungement immediately if they were arrested and the charges were dismissed. If someone was convicted of an ordinance or put into a diversion program like PTI, conditional discharge, or dismissal, they could expunge their record six months later, or essentially a year and a half later. The ordinance would take a year and a half, but the conditional dismissal would be six months after the one-year probation so that it would take a year and a half altogether. A person would have to wait five years if convicted of a disorderly person’s offense, also known as a misdemeanor. If they were convicted of a felony, it would be 10 years, so the charge, whether the person was found responsible or culpable, is not as important as how the person was found culpable. A person might have up to a 10-year wait to get their charges off their record, depending on whether it was a diversionary program, an ordinance, a misdemeanor, or a felony charge.

An initial consultation is your best next step for more information on hiring a New Jersey criminal attorney. Use our contact information below.

Contact Our New Jersey Criminal Lawyers

Contact our New Jersey criminal lawyers today at (908) 561-5577 or submit a request through our contact form. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.

Please consider sharing this

About the Author

James A. Abate

James A. Abate is a founding partner at Aiello, Harris, Abate, Law Group PC. Mr. Abates practice is focused on Criminal Law, Domestic Violence, DWI, Complex Litigation, and Appellate practice.

Related Posts

Shoplifting / Theft Defenses

May 22, 2025

The State Of Shoplifting

by James A. Abate

Shoplifting / Theft Defenses

May 22, 2025

What Are Some Of The Biggest Misconceptions People Have About Theft Charges?

by James A. Abate

Shoplifting / Theft Defenses

May 22, 2025

Is A Shoplifting Charge Really That Big A Deal?

by James A. Abate