Legal Question in Criminal Law in Florida
Retail Theft
I was caught and arrested for Retail
Theft of $300 or more in a Macy's
Store. Since it was my first time, the
court offered me to served 2 days
and pay court fees in exchange of
treating my felony as a
misdemeanor. My first question is:
will it appear on my record? how will
it appear? when will i be clean again?
Now, Macy's lawyers sent me a letter
asking $200 for ''civil remedies''
Florida Statutes Section 772.11. I
don't think I should pay this because
I returned everything to the store
and pay court fines plus the time i
served. Should I pay it???????
3 Answers from Attorneys
Re: Retail Theft
yes it will appear on your record as a Felony arrest with a Misdemeanor resolution. Your record will never be clean unless you can obtain a sealing of your records which may not be possible depending on the facts. as far as the civil cause, Florida statutes permits treble damages specifically in theft cases regardless of whether the property was returned. If you chose not to pay, you may get sued and be liable for triple the damages.
Re: Retail Theft
You now have a conviction for a 2nd degree misdemeanor and it will be on your record forever.
Re: Retail Theft
You state that you were "offered" the above sentence; did you take the offer?
If you were given a "time served" sentence that requires an adjudication. An "adjudication" will stay on your record and cannot be expunged or sealed.
If you have recently accepted the State's offer you may be able to hire an attorney and withdraw your plea and try to get a better deal or take the case to trial.
My office is here in South Florida, give me a ring if you have any questions.
-Leland 954.524.2424
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