A public defense attorney in nearby Loudoun, VA has taken a plea deal that will allow her to avoid any serious sanctions following her conviction for shoplifting an energy drink from a local store. Image may be NSFW.
Clik here to view.
Rather than be faced with a theft charge, she has pleaded guilty to trespassing.
Our D.C. defense attorneys recognize that while shoplifting or even a charge of theft 2 are mid-level misdemeanors - meaning you aren't entitled to a court-appointed lawyer if you're arrested solely for either - it's usually a good idea to hire one. Our attorneys have not only worked to have many such charges dropped outright for lack of evidence or other reasons, we've also been able to negotiate plea deals that have resulted in the dismissal of charges with completion of a diversion program or conceding a guilty plea, but only to a lesser charge - one less likely to greatly affect your future.
That last scenario is exactly what happened in this case. The defendant - a public defender herself - was accused of slipping $3 energy drink into her purse while at a store and attempting to leave without paying for it as she went through the checkout line. It was actually the second time she had reportedly been accused of retail theft at this same location, though she was not charged in the earlier incident.
The case prompted baffled editorials from local columnists, who wondered why someone paid an annual salary of $127,000 would need to steal a cheap drink.
Nonetheless, a conviction on a theft charge could have meant serious consequences for this woman because it is considered a crime of moral turpitude. A conviction for a crime of moral turpitude can sometimes be used against you by your employer or immigration officials, if you're not a citizen. It also could have resulted in the loss of her license to practice law.
Having the charge successfully reduced to trespassing means she is less likely to suffer any major disciplinary action either from her employer or from the Bar Association. Her immediate supervisor has gone on record with the Washington Post to say the attorney is doing an excellent job and they are happy to have her on their team.
The actual charge of shoplifting is technically on the books in D.C. Criminal Code 22-3213, carrying a fine of up to $300 and three months in jail. However, incidents of retail theft are most often charged as second-degree theft. It's still a misdemeanor, but it carries a possible jail term of up to a year. A conviction for trespassing carries up to six months of incarceration.
(While no attorney can promise any particular outcome in a criminal case, most people charged with these offenses who work closely with an experienced defense lawyer end up serving little if any jail time.)
In the end, this defendant was not given any jail time, but was ordered to pay a $500 fine ($500 less than the maximum), as well as $84 in court costs. The prosecutor in the case later said his office, which hadn't been seeking a stiff penalty to begin with, was satisfied with the outcome. The defense lawyer was able to convince them that changing the actual charge wasn't going to impact the ultimate outcome of the case, but given lack of criminal history and her role as a public servant, it probably helped save her job.
Again, you won't be appointed a free defense lawyer in a shoplifting case, but it's almost always worthwhile to invest in one.
Image may be NSFW.
Clik here to view. Image may be NSFW.
Clik here to view. Image may be NSFW.
Clik here to view. Image may be NSFW.
Clik here to view.
Image may be NSFW.
Clik here to view.
Clik here to view.
Rather than be faced with a theft charge, she has pleaded guilty to trespassing.
Our D.C. defense attorneys recognize that while shoplifting or even a charge of theft 2 are mid-level misdemeanors - meaning you aren't entitled to a court-appointed lawyer if you're arrested solely for either - it's usually a good idea to hire one. Our attorneys have not only worked to have many such charges dropped outright for lack of evidence or other reasons, we've also been able to negotiate plea deals that have resulted in the dismissal of charges with completion of a diversion program or conceding a guilty plea, but only to a lesser charge - one less likely to greatly affect your future.
That last scenario is exactly what happened in this case. The defendant - a public defender herself - was accused of slipping $3 energy drink into her purse while at a store and attempting to leave without paying for it as she went through the checkout line. It was actually the second time she had reportedly been accused of retail theft at this same location, though she was not charged in the earlier incident.
The case prompted baffled editorials from local columnists, who wondered why someone paid an annual salary of $127,000 would need to steal a cheap drink.
Nonetheless, a conviction on a theft charge could have meant serious consequences for this woman because it is considered a crime of moral turpitude. A conviction for a crime of moral turpitude can sometimes be used against you by your employer or immigration officials, if you're not a citizen. It also could have resulted in the loss of her license to practice law.
Having the charge successfully reduced to trespassing means she is less likely to suffer any major disciplinary action either from her employer or from the Bar Association. Her immediate supervisor has gone on record with the Washington Post to say the attorney is doing an excellent job and they are happy to have her on their team.
The actual charge of shoplifting is technically on the books in D.C. Criminal Code 22-3213, carrying a fine of up to $300 and three months in jail. However, incidents of retail theft are most often charged as second-degree theft. It's still a misdemeanor, but it carries a possible jail term of up to a year. A conviction for trespassing carries up to six months of incarceration.
(While no attorney can promise any particular outcome in a criminal case, most people charged with these offenses who work closely with an experienced defense lawyer end up serving little if any jail time.)
In the end, this defendant was not given any jail time, but was ordered to pay a $500 fine ($500 less than the maximum), as well as $84 in court costs. The prosecutor in the case later said his office, which hadn't been seeking a stiff penalty to begin with, was satisfied with the outcome. The defense lawyer was able to convince them that changing the actual charge wasn't going to impact the ultimate outcome of the case, but given lack of criminal history and her role as a public servant, it probably helped save her job.
Again, you won't be appointed a free defense lawyer in a shoplifting case, but it's almost always worthwhile to invest in one.
Image may be NSFW.Clik here to view.
Image may be NSFW.Clik here to view.
Image may be NSFW.Clik here to view.
Image may be NSFW.Clik here to view.
Image may be NSFW.Clik here to view.
