Legal Question in Criminal Law in Florida

I was recently charged with petit theft for stealing rings that costed a total of $24 in Florida. I am currently awaiting the court date, but was told I will have to complete a diversion program since this is my first offense and have a clean record. I was just wondering if I would be able to do this program in Massachusetts since that's where I am from, or will I be stuck in Florida? I am currently in college in Florida, but transferring to a college back in Massachusetts after this semester is done in May. Also when I was handcuffed and put in the back of the cop car to be brought down to the police station, I was not read my Miranda Right's and I have a witness to back that, I don't know if that will change anything?


Asked on 3/18/13, 8:39 am

2 Answers from Attorneys
Joseph Justice The Justice Law Firm

These diversion programs are contractual agreements with the State attorney's office. It will be up to them to determine if you can complete the terms outside of Florida (I would guess that most of them will allow this for a petit theft charge). As to the Miranda rights, this does not matter unless they proceeded to question you regarding the crime after you were placed in custody.

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Answered on 3/18/13, 8:44 am
Natalie Hall The Law Office of Natalie D. Hall, P.A.

The diversion program must be requested. Then the State will determine based on your records and other factors whether you are eligible.

Your ability to transfer is up to the Judge and the program providers.

The Miranda failure is not an issue unless you decide to fight the charges instead of accept diversion and only after the State seeks to introduce any statements you made after not being read your rights.

Meet with an attorney in your area if you need specific review of your case.

Natalie Hall, Esq.

(407) 412-7035

www.ndhlaw.com

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Answered on 3/18/13, 9:07 am


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