Legal Question in Criminal Law in Florida

grand theft

My son was arrested and the charges were burglary/occupied and now it reads grand theft. Why did the State of Florida change it to Grand theft? My 18 yr old son needs a lawyer where he can make payments. This is his first offense. He did not steal anything he tried to steal some rims with some freinds.


Asked on 8/11/08, 9:21 pm

3 Answers from Attorneys

Aaron Slavin Slavin Law Firm, LLC

Re: grand theft

The State of Florida does not always file the same charge as the one that the police arrested a person on. For instance, sometimes the State will add additional charges or enhance the charge that the police brought them. Other times, the State will reduce the charge or file less charges than the police arrested on. The Grand Theft charge is slightly less than the Burglary/Occupied so that is good. Being that your son is 18 and has no prior record, he is probably looking at probation (not jail or prison). My practice is in the Tampa Bay area, but if you call my office tomorrow.. I know some good attorneys in the Orlando area that I can recommend.

Good luck.

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Answered on 8/11/08, 9:35 pm
Joshua Westcott Law Office of Ernest J. Mullins, P.A.

Re: grand theft

Police will arrest a person for a charge that they believe they have probable cause for. However, when the prosecuting attorney reviews the case, he will look for the charges that he believes can be proved beyond a reasonable doubt at trial. It is likely that burglary could not be proven, but there is an argument as to the grand theft.

I used to be a prosecutor in Osceola county, and I know that the office has a program called pre trial intervention that your son may qualify for if this is his first offense. It will depend on the facts and the prosecutor assigned to the case.

Even if pre trial intervention is an option, it may still be good to consult an attorney about the case to see what the states evidence is, and to get an opinion from an attorney about the strength of the state's case.

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Answered on 8/11/08, 11:21 pm
Valerie Masters Valerie Masters, P.A.

Re: grand theft

Grand theft is better than burglary. I take payment plans, please call my office.

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Answered on 8/12/08, 6:46 am


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