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  1. #1

    Default First Time Offense, Petty Theft in Walmart

    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.

  2. #2
    Join Date
    Dec 2009
    Location
    Earth
    Posts
    207

    Default Re: First Time Offense, Petty Theft in Walmart

    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.

  3. #3

    Default Re: First Time Offense, Petty Theft in Walmart

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

  4. #4

    Default Re: First Time Offense, Petty Theft in Walmart

    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!

  5. #5
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: First Time Offense, Petty Theft in Walmart

    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.

  6. #6

    Default Re: First Time Offense, Petty Theft in Walmart

    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.

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