Legal Question in Criminal Law in Florida

Re: 1st charge - shoplifting

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I would strongly suggest that you retain an attorney who can hopefully negotiate with the prosecutor and have you placed in a pre trial diversionary program. This will take you out of the system and you will not get convicted on this charge.

After successful completition of the program, you can then file to have your records expunged or sealed. You should still report this when applying to law school or to the Florida Bar as failure to do so and subsequent detection will be considered far worse than if you disclose. Remember, you are not the first to make a mistake, and this lapse should not keep you from reaching your goal if you do not err again.

Scott R. Jay, Esq.

Re: 1st charge - shoplifting

1)Miranda generaly only applies to police interrogation.

2) You can expect pre-trial diversion. Also, expect to be contacted by a law firm demanding $200 pursuant to the Florida Civil Theft Statute. I urge to contact my office for a free consultation to discuss alternatives to the pre-trial diversion that would result in an even better disposition. This should not interfere with school.

3) Go to pdmiami.com for FAQ on Sealing and expunging your record. As far as law school, I had a similar experience with a fake ID and survived. I went to a pretty good school and went on to become a prosecutor. If you need assistance with sealing or expunging, please also contact my office.

Re: 1st charge - shoplifting

The lack of Miranda goes to whether any statements you made can be used against you. Miranda generally applies to police interrogation, though. You should be eligible for a first offender program which should lead to dismissal. If you get that and you decide to apply to law school you will still need to disclose the events truthfully. It should not impact you too much as long as you disclose truthfully. Keep copies of all the documentation and records.

Scott H. Cupp

Law Office of Scott H. Cupp, LLC

West Palm Beach, Fl

Re: 1st charge - shoplifting

I am sorry to hear what happened to you. Remember, this too shall pass. Mr. Cupp has correctly analyzed your situation. You may be eligible for a first time offender program. If you complete the program, the charges are dropped. When charges are dropped, you can then apply to have your records expunged (as opposed to sealed). My offices expunges records and represents people in these types of situations if you are in need to professional help. Good luck!

Re: 1st charge - shoplifting

You should retain a lawyer on this one. Drop the charges down and then have them expunged from your record. You will, however, need to report this to the law schools to which you apply.