Legal Question in Criminal Law in Florida

Florida Law-my 14 yr old daughter was just arrested for shoplifting @$220.worth-1st time in trouble (she did not take out of store but received just outside of store from friend who did). What should she plead at this arraignment which is scheduled?, does she get a public defender - when?, should I hire a lawyer? I'm not against punishment for this offense (I've already looked up a class for her regarding this behavior) but I would like to see no record or jail time. Does this "Heard and Submitted" work in Florida? Could the store drop the charges if they wanted? I was thinking of going to talk with them and explain my punishments for her and the class, how I had already forbidden her to be with that friend (at Dad's house she's allowed to do anything with anyone and that's where she was at for Christmas break). They are 2 national retail stores in a mall. Any advice? Help! Thank you for your time.


Asked on 12/30/09, 10:02 am

1 Answer from Attorneys
Mario Musil The Musil Law Firm

She will get a public defender if your family qualifies, otherwise you have to hire an attorney. At arraignment she will plea not guilty and once her attorney receives the discovery information from the state, she can change her plea if she wishes to. If she really had no priors, she may be eligible for diversion - which consists of community service after which the state drops the charges and she'll have no record. If because of the facts or because of any priors she doesn't qualify for diversion she can either plea and most likely get probation or take the case to trial. The state can proceed even when the stores want to drop charges, so talking to them may not help.

If you have further questions, please don't hesitate to contact me.

(239) SWFL LAW

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Answered on 1/05/10, 4:09 am


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