Legal Question in Criminal Law in Florida

I live in Fla. I was recently arrested and charged with Burglary;Dwelling 2nd degree felony & Grand Theft 3rd degree felony.

I am a 56 yr old female with only Dui Conviction in 1998 misdemeanor or traffic Dui. I have no other convictions.

I took 2 small tables( value $20 from the side of an empty house in foreclosure with a real estate for sale sign out front..

There were other items on the side of the house that I did not put in my car and could not even if I wanted to as the dimensions would never fit in my car.

The police arrived and found only 2 small tables in my car that were so small they fit in the foot area of the passenger side floor area of my car. They claimed that I was going to take the other items that were on the side of the house which would have never fit. They deemed the value of the other items to be worth 700.00 and thus the Grand Theft of over 300.00

My first question is : Do I qualify for Pre Trial Intervention as the Burglary Dwelling Charge is considered a 2nd degree felony with the Grand Theft charge being a 3rd degree felony.

If I did qualify: I realize the charges would be dismissed after successful completion of conditions but would one always be able to see the arrest charges on my record with a notation of dismissed or dropped which could still cause a perspective employer to be leery.

Thanks so much Lynne.


Asked on 6/22/10, 8:24 pm

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

You may be eligible but that doesn't mean the state has to give it to you. It is purely discretionary with the state and oftentimes if you have a prior record, they won't give it to you. Furthermore, second degree felonies are rarely offered Intervention. Assuming you did, you are correct that it will always show up to prospective employers, but should show that it was dismissed.

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Answered on 6/23/10, 7:02 am


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