Legal Question in Criminal Law in Florida

Re: Minor charged with pertty theft charge

I do not know what county you reside in and do not have all of the facts of your case, thus this answer may need to be supplemented with further advice.

From my experience in this area, there are several possible dispositions to the situation your daughter is in. First, you need to find out if the case will be filed in juvenile court or adult court. There is a big difference. You can call the clerk of your court ot get an answer. Also, you need to know that the charge filed may or may not be the one she was arrested on. I would recommend having an attorney.

If in juvenile court, there will be an arraignment, which is the first time when the charge is told in court and the defendant can say not guilty, the case will be passed for a few weeks to come back and tell the court if the State and the def. might reach a plea agreement to dispose of the case. You could plead guilty or no contest and get rid of the case at arraignment. Juvenile sentences are kind of lenient. One of the factors in that determination is her prior record. If no prior record, she may be looking at community service hours.

Also, if she has no prior record, the State Attorney's Office may contact you to inquire if you want to agree to a DIVERSIONARY program. This entails a voluntary agreement between the def. and the State. The State agrees to defer prosecution so long as Def. complies with her end of the deal. This may be a letter of apology, restitution, community service hours or a tour of the county jail or some other tasks. If Def. completes the agreement, the State will drop the charges.

If the case is in adult court and is only filed as a petty theft, her prior record will be the biggest factor in the offer from the state. If she has no pror record, the State will be reasonable. There may only be a fine offered if she pleads. You should ask whether the State or the court wants her to plead to an adjudication of guilt or whether adjudication of guilt will be withheld. A withhold of adjudication means this is not a conviction.

It should be mentioned that if she did not do this crime, she should not plead. She should tell the court she wants a trial at a later date. The court would pass the case and give Def. and State time to talk (negotiate) or prepare for trial. Good luck, Tom Rosenblum, Jacksonville, Fla.