Legal Question in Criminal Law in Florida

Larceny at Walmart

My 17yo son was arrested at Walmart for larceny. He was shopping. He did not attempt to leave the store nor did he have any of the items he was going to purchase on his person. Walmart staff said he was stealing, he was walking through going to purchase the items. Police made a report and arrested him. We decided to use the Juvenile Arbitration Program. We can not afford to go to court. He is an honors student and did not need to steal $150 of stuff from Walmart. The Arbitration program requires him to admit guilt. He did so that he can get this behind him and pursue a scholarship to college next year. Walmart has all their stuff since he did not take anything. I got a letter telling me to pay Walmart $200.00. Why do I have to pay it? Because he admitted guilt in the program? Throughout this whole process he has been deemed guilty till he proves he is innocent. He did not steal anything and now this has become a monster. Walmart singles out young kids and puts the grip on them and before we are even called he was arrested. What can be done? We feel he has been falsely arrested for a crime he did not do, now we have a $200 bill to pay. I would appreciate some advise. I have looked at FL Stat. 812.012. Thank you.


Asked on 5/06/08, 11:49 am

1 Answer from Attorneys
Leland Garvin Garvin Law Firm

Re: Larceny at Walmart

Sounds like you are talking about the diversion program; at the end of the program the charges will be dismissed and you can later move to have your son's criminal record expunged.

However, If you have seen the evidence against your son and you are certian that the state cannot prove the case then you shouldnt plead out to anything; and if you truly have no money you are intitled to a public defender.

As far as the $200.00 to Walmart, they are basically using this opportunity to extort money from you. This money will not have an effect on your son's criminal case, unless Walmart goes to the state attorney's office and complains (highly unlikely). Whether or not the state presses charges is not up to Walmart, even if they would like you to think so.

Feel free to give me a ring if you have any more questions.

good luck,

-Leland- 888.524.2424

Read more
Answered on 5/07/08, 6:37 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida