Legal Question in Criminal Law in Florida

Re: shoplifting

Hiring an attorney to review a case for its merits and reach a resolution or try the case is always advisable. I know a little about how my sink works, I can probably maneuver fixing a leak in my sink on my own, however if I mess it up I may end up with a flooded bathroom. For that reason I would probably hire a plumber just in case. Similarly, you may be able to get by without counsel especially if it is a first offense. Most counties in Florida employ diversion programs for theft cases which may allow for you to have the case dropped after completing certain conditions. Thus, in that situation counsel might end up getting you the same result but with greater expense. It is possible that an attorney may review the matter and see something that may be assistive to you. Ultimately, unless this is your first offense and a diversion program is offered and money is really tight I would consult and hire an attorney. Good luck.

Re: shoplifting

Hiring an attorney to review a case for its merits and reach a resolution or try the case is always advisable. I know a little about how my sink works, I can probably maneuver fixing a leak in my sink on my own, however if I mess it up I may end up with a flooded bathroom. For that reason I would probably hire a plumber just in case. Similarly, you may be able to get by without counsel especially if it is a first offense. Most counties in Florida employ diversion programs for theft cases which may allow for you to have the case dropped after completing certain conditions. Thus, in that situation counsel might end up getting you the same result but with greater expense. It is possible that an attorney may review the matter and see something that may be assistive to you. Ultimately, unless this is your first offense and a diversion program is offered and money is really tight I would consult and hire an attorney. Good luck.

Re: shoplifting

Hiring an attorney to review a case for its merits and reach a resolution or try the case is always advisable. I know a little about how my sink works, I can probably maneuver fixing a leak in my sink on my own, however if I mess it up I may end up with a flooded bathroom. For that reason I would probably hire a plumber just in case. Similarly, you may be able to get by without counsel especially if it is a first offense. Most counties in Florida employ diversion programs for theft cases which may allow for you to have the case dropped after completing certain conditions. Thus, in that situation counsel might end up getting you the same result but with greater expense. It is possible that an attorney may review the matter and see something that may be assistive to you. Ultimately, unless this is your first offense and a diversion program is offered and money is really tight I would consult and hire an attorney. Good luck.

Re: shoplifting

Hello:

This is to give you another response with some more specifics and an atty in Jax. should you decide you want one.

Here are the procedures. The first Court appearance is an arraignment. At that time you enter a plea...usually..NOT Guilty. You ask the Court for a pass date. Usually, the judge passes the case for two weeks. We are allowed to get a few more passes...as we tell the Judge we are working on the case...negotiating with the State Attorney, etc. After several passes, if we haven't worked out a deal to plead to, the Court will set the case for a trial. At a trial, the State has the burden of proof. They have to prove you did something.

I don't advise clients to plead at arraignment unless it is a charge that is simple such as driver's license cases where we are offered a withhold of adjudication of guilt (not a conviction) and only to pay court costs. I would at least make sure the stop was legal before advising my client to enter a plea.

If this is a first offense, the State may offer a withhold of adjudication if you enter a plea. They may want a fine, community service hours, or probation.

By the way, if the alleged victim is a department store, its lawyers may send you a letter stating you have to pay them $200.00 as a fine for civil theft. This is legal. You can always call them and see if they will reduce it to $100.00.

'Hope this helps. If my office can be of any assistance to you here in Jax., please give us a call. I have handled hundreds of cases such as these, for over 20 yrs. Tom Rosenblum