Legal Question in Criminal Law in Florida

Guilty of what?? In Tampa , Fl. my 15yr. old nephew was just charged with "accessory of petty theft". As recorded on store video camera, he "looked" at a box of $15 earrings, put it down and walked away. He took nothing. He and his friend were in different locations of the store. His friend, later saw the earrings, took one pair and put in his pocket. The store security officer arrested them and charged them both with petty theft, and my nephew with accessory. My nephew did not know his friend stole the pair of earrings, and his friend attested to this, but both were charged.

We were sent a $200 bill of restitution from the department store, stating pay or see you in court. My nephew is not guilty of a crime, and an A student. We must choose to either accept wrongful guilt and attend a "Diversion Program" structured for 1st time juvenile offenders, OR we fight this charge? What should we expect if we fight this charge?


Asked on 12/14/09, 8:27 am

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Guilty of nothing. The reason he got arrested is oftentimes when one person is with another person that is stealing, especially when they are young, the cops will assume guilt by association. Wrong, but unfortunately it happens a lot. Without knowing all the facts, I don't know if a diversion program is the right thing, but it sounds like he should absolutely fight this. Also, do not pay the $200. Not only does it not have any bearing on the criminal case, but I have yet to see any of these companies actually pursue anybody on the civil theft claim. I practice in Tampa so feel free to call me at 813-277-0800.

Craig Epifanio

www.helpgoodpeople.com

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Answered on 12/19/09, 8:14 pm


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