Legal Question in Criminal Law in Florida

Hi.my name is Tiffany and. about a week ago I was shopping in Wal-Mart and did self cashier and didn't realize more items were in a tupperware container and a few other items out in plain site. I was also sick at the time and needing to sit in my car until I felt a little better. I was distracted is where I was going with that. Zero tags removed, Absolutely nothing hidden in my purse etc. I was given a summons to go to court for May 11th. I do private nursing and am really freaked out... I CAN'T have that in my field. I just opened a letter from Wal-Mart's lawyer's asking me to pay 200.00 asap to avoid a civil lawsuit? No items were ruined. Is that considered a good thing they want me to do? I 15 months ago was arrested for a dui blew triple zeros. I did a urine test and had . thc in my system. My case was reduced to reckless driving, all probation is over but I'm so scared and sick over this!! Please help


Asked on 5/02/15, 8:08 pm

2 Answers from Attorneys

Retail theft (shoplifting) cases are very often sent to a pre trial diversion program. You may or may not be eligible because of your prior RD case. If you chose to attend court alone (which I wouldn't recommend) you should approach the prosecutor in court prior to the start of the calendar call and ask nicely if diversion is available to you. I would not say much else, particularly anything about your RD prior. They may offer you diversion. If not, you have two other options....accept a plea of guilty or no contest to the charge or go to trial.

The letter you got from the lawyers for Walmart is permitted, but really is used as a scare tactic to get money from people. What do you think the likelihood is that you'll be sued for this? Pretty small, if you ask me.

Get a lawyer.

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Answered on 5/03/15, 3:54 am
Craig Epifanio Craig Epifanio, P.A.

Agree with everything Attorney Blecher mentioned. I wanted to add that I can't encourage you NOT to pay, but I have yet to see Walmart actually sue anybody for this, especially when they got all their items back. Meanwhile, get an attorney.

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Answered on 5/03/15, 1:28 pm


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