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Notice to Appear on Second Shoplifting Charge

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  • 11-21-2011, 05:29 PM
    no27
    Notice to Appear on Second Shoplifting Charge
    My question involves criminal law for the state of: Florida

    My sister was arrested in August, and was given a court date. At court she did not have to appear in front of a judge and was given a deferment (for 6 months) because it was her first offense. The items she stole were valued at $59.99. She then got arrested again and was given another court date by her arresting officer, and released. The items were valued at $280.00. When she showed me her Notice to Appear that she got in the mail, it said that she was going to court for "petit larceny - first offense." I am curious as to why it says this, when it is her second offense. The court date on the letter and the once given to her by her arresting officer are the same.
    So is she going to court for her first offense or her second?
    Are they allowed to combine these two cases and consider it a 3rd degree felony (over $300) even though she was given a deferment for her first offense?
    I'm pretty sure you can not be charged for the same crime twice, but since she was given the deferment I'm not sure if she was charged at all.

    Thanks.
  • 11-22-2011, 08:22 AM
    PandorasBox
    Re: Curious About Notice to Appear on Second Shoplifting Charge
    Question - did she go 6 months on the straight and narrow? Or did her $280 offense occur during that 6 month period?

    There are a lot of things the court can do, depending on if she completed the 6 month deferrment or not.

    $280...the prosecutor and judge will take that into consideration. $280 is not a first or second time shoplifter, but someone who does so regularly and has only been caught this two times.
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