Legal Question in Criminal Law in Florida
1st time offender
I have a question I am a first time offender 32 yrs old , latino male, never been arrested, no misdomenor. I was arrested at work for stealing 9pairs of glass and a gift card worth $500 all together its worth aroun $2500 I have arraingment june 30. Should I get a lawyer or stay with a plubic defendor. Since I wrote a statment confessing what i have done before the cops came which i think it is against--name removed--rights. What is going to be--name removed--outcome in court. i am charged with 3rd deg grand theft.
4 Answers from Attorneys
Re: 1st time offender
I am a former prosecutor from the Miami-Dade State Attorney's Office. Please contact my office for a free consultation regarding your circumstances.
Re: 1st time offender
Once your case is closed, you likely will be eligible to seal or expunge it. You should not take a plea that will ADJUDICATED YOU GUILTY on a first time offense! You'll likely receive a pretrial diversion program or some short probation. Do what you have to and then have the case sealed or expunged.
Re: 1st time offender
yes you should hire a lawyer. it is perfectly legal to confess before the cops arrive
Re: 1st time offender
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.
According to your fact pattern, you have already been to your arraignment (unless you meant July 30). The public defender would have been appointed then if the State was seeking jail time. If it is July 30, unless the State is seeking jail time, you will not be offered a public defender even if you are found to be financially needy.
The statement you gave may be admissable if given to a third party prior to being given your Miranda rights. Based on your lack of priors, you may be able to get into some sort of diversionary program if your counsel aggressively seeks it for you.
You should consider hiring a private attorney if you can afford one. You will get much better attention and service from an attorney who can spend more time on your file to ensure a quality representation. Your chances in court are often enhanced with a private attorney.
Scott R. Jay, Esq.
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