by eilis » Wed Feb 29, 2012 1:16 pm
Once they file the report, the police will take the info and open an investigation. They might call, but are more likely to come to your home with a warrant for your arrest. Even if you did it, you should not say a thing to the police unless you have a lawyer with you. They will try to get you to admit you did it and sign a statement. Try not to do that. If you can't afford a lawyer, ask if you qualify to get a public defender. The police can hold you as a suspect for about 24 hours, but then they need to charge you with something. Since it's your first offense, your bail should be low. A lawyer would argue that you have no record and are not a flight risk, so you should be released without bail (called on your own recognizance). The judge is likely to set a low amount and you or your family will have to put up 10% of that in cash to be released. That's why there are bail bondsmen. They loan people the cash in return for putting a lien (debt note) on a house or car. Most of the time the prosecutor will try to cut a deal. This is why a lawyer is good since he/she can negotiate for you. The lawyer might say since you have no priors and are sorry for your actions, you deserve to get community service and probation, maybe a debt counseling class, if you pay back all the money (called paying restitution). Ask your lawyer if you're eligible for PBJ in your state. That stands for Probation Before Judgement. In some states, for minor offenses (and this could be pleaded down to a minor offense in a plea deal), the judge will sentence you to community service, sometimes classes, AND probation. If you do everything the court says and serve your probation without any other charges, once probation is over, they remove the offense from your record. That's very important to try to get because you will have a REALLY hard time getting another job with theft on your record. If you are not eligible for a public defender for some reason, go to your phone book and look up attorneys or lawyers. You want a criminal defense one. In fact, you should do that now. Call around until you find 2 who give free consultations. Make an appointment ASAP, tell them your story, and ask what they charge. Then start hitting up family for loans if you don't have the money, sell stuff on EBay, whatever you have to do. If there are any law schools near you, call and ask if they have any free or reduced fee law clinics. Get a lawyer lined up if you can BEFORE the police contact. Your lawyer might advise you to turn yourself in and go with you. But if you really don't have the money, as soon as the police read you your rights, ask for a public defender and don't say a word until that lawyer shows up to advise you, even if you have to sit in jail overnight. It's that important. Good luck.