First Time Offense, Petty Theft in Walmart

[first_time_offender]

My question involves criminal law for the state of: Florida

I was detained by the loss prevention department in Walmart in Miami a few days ago. The police gave me a citation with a Promise to Appear in court and said I would be receiving a notice in the mail. Also, the loss prevention department made a mistake in the total and listed one item twice so the total on the citation was $32.80 when the actual value was $24. I contacted them about it and the woman in LP said the price does not matter but admitted to listing one item twice and said she would make the change before I went to court.

I've been doing some research and I have a few questions:

1. What should I plead when I go to court and do I need a lawyer to be present with me the fist time?

2. With regards to diversion, how would I go about asking for it?

3. If I am granted pre-trial diversion, what will show on my record? Is it automatically removed after the 6 months or so or would I still need to file papers to have the record removed.

My stats: I am 22 years old, a master's student with a clean record (not even a parking/speeding ticket). I can't even explain what made me do it and I've been so torn up about it that I haven't eaten or slept in the past few days. My biggest concern is having this be on my record because I graduate in a few months and I'll be applying for jobs. I understand that it would be best to consult a lawyer but I do not have the funds to get one. I plan on searching for some free consultations but I would just like a bit of advice beforehand. If anyone has been in a similar situation I'd like to hear from you too.

Any help you could provide would be greatly appreciated.

[TheArgumentative]

1. Plead not guilty. If you can't afford a lawyer, ask for a public defender.

2. Your lawyer would know how, if it's possible. It may not be. If you can afford a lawyer, get one before your arraignment. If not, ask for one when you go to court.

3. That depends on the nature of the program. Your lawyer would be able to answer that. Usually, the charge is dismissed after completion and will show up on your records as dismissed. It's hard to find a job with anything at all on your record, but it may be possible to get it sealed or expunged.

[first_time_offender]

Thank you so much for clearing this up! I'll be sure to post an update after I go to court.

[first_time_offender]

I called three lawyers so far and I have meetings set up for tomorrow. My arraignment is next Monday. I just have a couple questions about choosing a lawyer. The first lawyer said that because it was my first offense, he would charge $250 (excluding court costs). He also said that he is fairly certain I would be able to get into a diversion program. That fee seems a bit low (I'm not complaining). I just always thought lawyer fees were over $1000. Another lawyer I talked to told me that the judge I was going to be in front of on Monday was an awful judge and I should come and see him (he said he would tell me his price when I met him). I had googled the judge and most of the comments I am seeing is that he is a very fair judge who likes to explain extensively the charges you are facing so that you have an understanding of the justice system. I only spoke to the receptionist for the third lawyer.

I was just wondering if anyone had any tips about choosing a lawyer and what I should be looking for in my consultations tomorrow. Also, does anyone have any feedback on what they told me so far? Thanks!

[PandorasBox]

Choosing a lawyer:

All I can say is go with your gut.
If you feel like you ask friends, etc...."have you heard anything about (lawyer) do so.

If you don't like a certain lawyer, don't retain him/her, no matter the price.

[first_time_offender]

Thanks Pandora. I chose one today. All I can say is a feel a lot better now knowing that I don't have to go through the entire process alone. My arraignment was scheduled for Monday but now my lawyer is saying that I don't have to go and he will file a notice to appear. After reviewing my case, he is saying that there is a strong possibility that he can have the case dismissed. Also, I had already made a payment for the civil demand and he told me to let him handle any further communication with them. I'm looking forward to the end of this. I just want to say thank you for all the help and information I have gotten from this forum so far. It is really helping me to make informed decisions about my situation.

[shaguie]

I'm almost in the same situation with u could u please refer me to ur attoney?

[PandorasBox]

shaquie...

Please read instructions.

(1) Start your own thread.
(2) No one here refers a lawyer.
(3) When you make your post, be sure to tell us the state you live in.

[shaguie]

Im 24 ,a college student in Florida.I went to a walmart with items I bought from another store while I was there i put items from walmart togetter with the previous ones in the same shopping cart,I paid for some of the items to the cashier and walked out off the store.the security call the police and said I have unpaid items into the bags.they put me under arrest etc.... they gave me a yellow paper (defendant copy ) to appear in criminal court (in 1 month)
The things is I don't even know why I did such things like that because i had the money in my purse .When I asked to pay and explained it was a mistake the police officer said to late < good thing for you! you have a clean background !>
The only thing i can say those last month I have been through so much Some times I thinking about suicide. i really care about my family and the only hope I have to help them is my school, now wondering what gonna happen due to the fact I don't have enough money to afford a lawyer and I dont even see myself appear in front off a juge for thef. I don't know if I'm gonna be able to make it. If you can help me please do so!

[first_time_offender]

Just a quick update and a question.

My lawyer told me that I was accepted into the pre-trial diversion program today so I will not have to attend my trial date that was scheduled for next week. I'm rather relieved about that. I just had a question for anyone who has ever participated in one of these programs or knows of the process. What is it like and what should I expect?

Thanks again for all the help I've gotten over the past couple months. I'm finally beginning to see the light at the end of the tunnel.