Legal Question in Criminal Law in Florida

1st (and only) offense retail theft - HELP PLEASE!

Hi, I live in Lee County and have never been arrested for anything, I don't even litter!! My friend and I were shopping at a retail store. She was checking out and I was looking at some jewelry waiting for her. I had several pieces in my hand to show her but she wasn't interested so I set them down on a table I was standing next to. I thought something had fallen on the floor but saw nothing. I had a large bag on the floor so I picked it up and we left. As we got outside, I looked in my bag for a coupon to another store and found earrings I had been looking at earlier. I was surprised and started to laugh because I had said to her earlier that I really liked them and wished I had gotten them, so she said that they must have liked me too!! It was at that point that I made the stupid decision to keep them instead of take them back. Well, lo and behold, there was a security guy behind me and I think you know the rest...I have a family that I haven't told, I am in nursing school, and I have a job I'm supposed to start in January at a local hospital. I'm scared to death and don't know what to do. What will happen next? How should I plead? Is it likely I could participate in a diversion program so this isn't on my record? Thx


Asked on 12/15/04, 10:13 pm

3 Answers from Attorneys
Richard Hornsby Richard E. Hornsby, P.A.

Re: 1st (and only) offense retail theft - HELP PLEASE!

Hello,

If there is a diversion program in Lee County you will almost certainly be approved for it, provided that the store whom you allegedly stole from is agreeable.

It is for this reason it is advisable to obtain an attorney, so he can negotaite with the store to obtain their agreement. Many times a State Attorney will not allow diversion without the victim's approval.

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Answered on 12/16/04, 1:32 pm
Carim Neff The Law Offices of Carim M. Neff, PA

Re: 1st (and only) offense retail theft - HELP PLEASE!

You may be eligible for PreTrial Diversion or Intervention. If eligible and you complete the program, you may then have your record sealed or expunged. My advice is to have representation for this or any other criminal matter. My firm handles matters such as this from the beginning of the case all the way to the sealing or expunging. I would be happy to speak with you about this and am available Monday thru Sunday 9-8PM. (954)478-9048

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Answered on 12/19/04, 1:29 am
Valerie Masters Valerie Masters, P.A.

Re: 1st (and only) offense retail theft - HELP PLEASE!

You need to proceed carefully so you don't jeapordize your nursing career. I agree, you should qualify for a diversion program and be able to keep this off your record. However, I have worked with nurses before and there is a list of offenses and rules you need to make sure you don't violate. Becuase of your situation you should hire an attorney familiar with representing nurses to be absolutely sure you can do a diversion program and still be able to get aa license. I know lawyers are expensive, but your future is on the line. Don't be scared, I promise you won't go to jail. Call if you need anything. Valerie Masters 561-659-9410

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Answered on 12/16/04, 8:35 pm


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