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???????


Asked on 11/24/08, 7:30 pm

3 Answers from Attorneys

Fleet Tilden TildenLaw

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.

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Answered on 11/25/08, 8:16 pm
Valerie Masters Valerie Masters, P.A.

Re: Retail Theft

You now have a conviction for a 2nd degree misdemeanor and it will be on your record forever.

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Answered on 11/24/08, 7:56 pm
Leland Garvin Garvin Law Firm

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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Answered on 11/24/08, 10:31 pm


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