What should I do if I received a summons regarding a court case for misdemeanor theft?

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What should I do if I received a summons regarding a court case for misdemeanor theft?

It has to do with work incident that happened 4 month ago. I accidentally took home gift cards that had $100 on each. The store sent a cop to my house and I gave them to him. No citation or report number was given at that time. Now, I just got a summons to report to court. I also have to give fingerprints and have my picture taken before arrainment. i’m m pleading not guilty and not taking any plea deal.

Asked on February 16, 2013 under Criminal Law, Arizona

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

First thing is to start looking for a criminal defense attorney.  Some judge's will give you a continuance to finish hiring an attorney, but they will be more likely to do so if you have already made some progress to hiring an attorney.  Even though your theft arose from the employment setting, you will need an attorney that practices criminal law because they will know best how to assert the defenses you are raising.

Second thing is just to keep quiet.  While you are looking for an attorney and completing the other tasks (like fingerprinting), make no comments about your case to anyone.  If you start talking about the case to an officer or court officer, then these statements could come back and be used against you later.  If you are still employed with the "victim" employer, then still keep statements to yourself.  You don't want a "trusted" co-worker to be called to testify against you later. 

Third thing to do is make sure that you show up on time.  Failing to appear for your summons can result in a new warrant being issued for your arrest.  If the court where your case is pending has a website, take the time to review the judge's local rules and procedures to familiarize yourself with the layout.  Some judge's have simple rules like "tuck in your shirt," while others have specific forms that you need to request a resetting of your case to hire your attorney.  Reviewing the site ahead of time will increase your comfort level with the court, even though it is from an obviously uncomfortable situation.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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