Legal Question in Criminal Law in Florida

Re: Misdemeanour -1 petty theft

THANK YOU FOR YOUR QUESTION. FIRST, YOUR LAWYER SHOULD BE ANSWERING THESE QUESTIONS FOR YOU AND IF HE/SHE ISN'T YOU SHOULD DEMAND TO BE INFORMED. THATS A LAWYERS JOB. IF HOWEVER, YOU ARE JUST GETTING A SECOND OPINION, THIS IS WHAT I CAN TELL FROM THE FACTS YOU HAVE PRESENTED.YOU ARE VERY LUCKY NOT TO BE PRESENT IN COURT, AND LUCKY NOT TO BE FACING A CONVICTION OF ANY KIND. TECHNICALLY YOU COULD CALL THIS A "DIVERSION" PROGRAM BECAUSE YOU ARE BEING "DIVERTED" FROM THE NORMAL COURSE OF A CASE. FORMAL DIVERSION PROGRAMS IN MY COUNTY ARE CALLED "PRETRIAL INTERVENTION", "DEFERRED PROSECUTION", "PADD". IT SOUNDS YOU ARE EVEN IN A LESS FORMAL ARRANGEMENT THAN THAT. HOWEVER, A SENTENECE TO COMMUNITY SERVICE IS NOT USUALLY FOR A PERIOD OF TIME, ITS A NUMBER OF HOURS, IE. 100 HOURS. SO MAYBE YOU ARE IN A "DEFFERED PROSECUTION AGREEMENT" FOR 6 MONTHS, DO COMMUNITY SERVICE, PICK UP NO NEW CHARGES, AND THEN GET THE CASE DROPPED. ITS HARD TO TELL FROM YOUR FACTS IN THE QUESTION. YES, YOU CAN SEAL OR EXPUNGE AN ARREST IF A CASE IS NOLLE PROSSED OR RECEIVE A WITHHOLD OF ADJUDICATION. YOU SHOULD KNOW THAT YOU HAVE ONE CHANCE IN A LIFETIME IN FLORIDA TO SEAL OR EXPUNGE AN ARREST SO CHOSE YOUR CHANCE WISELY. DEPENDING ON YOUR AGE, OCCUPATION, AND CRIMINAL RECORD YOU MIGHT WANT TO SAVE THIS CHANCE FOR SOMETHING MORE SERIOUS THAN A DROPPED PETITE THEFT. IF YOUR CASE IS NOLLE PROSSED OR RECEIVE A WITTHOLD OF ADJUDICATION YOU CAN SAY YOU HAVE NO CONVICTION. IF YOUR CASE IS SEALED OR EXPUNGE I BELIEVE YOU NEED NEVER ADMIT THE ARREST. ANY NON PROFIT ORGANIZATION IS USUALLY ACCEPTABLE UNLESS YOU NEED TO GET APPROVAL FROM THE FLORIDA COMMUNITY SERVICE PROGRAM. OVERALL, THE DEAL LOOKS GOOD TO ME. AGAIN, IT SOUNDS LIKE YOU NEED A SHORT CONVERSATION WITH YOUR ATTORNEY. IF YOU ARE UNHAPPY WITH COUNSEL CONSIDER HIRING PRIVATE COUNSEL TO EXPLAIN THESE ISSUES AND TO LATER SEAL YOUR ARREST. I HAVE BEEN PRACTICING CRIMINAL LAW IN FLORIDA FOR 8 YEARS AND KNOW JUST ABOUT EVERY PROSECUTOR AND DEFENSE ATTORNEY IN PALM BEACH. LET ME KNOW IF I CAN BE OF FURTHER ASSISTANCE, VALERIE MASTERS (561) 659-9410.