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  1. #1
    Join Date
    Jun 2005
    Location
    Florida
    Posts
    13

    Default Gainesville, FL: Petit Larceny, Second-Degree Misdemeanor (812.014.3a)

    About 1 month ago, a University of Florida police officer was dispatched in regard to the theft of a power adapter ($31) in which I am now the defendant. The plaintiff had decided not to have me arrested or sent to jail, but she is nevertheless pressing charges. I am still awaiting trial, which is pending on the decision of the state attorney, after having reviewed the sworn complaints.

    I am not sure how criminal records work, that is, do they make mention of any charges pressed, even if before convicted? This petit larceny second degree misdemeanor statute 812.014.3a, will have been my first criminal offense if convicted.

    Is it possible, considering the minimal nature of this crime, for the state attorney to simply dismiss this case? If so, what should I be aware of to increase the likelihood of that happening? If the case is dismissed by the state attorney, would something have to indicate, in my records, that such happened?

    If I plead "guilty," what sort of charges would I likely face? Is that any different from being found "guilty," pleading "nolo contendere," or pleading "not guilty"?

    Would it be better for me to plead "guilty," and have this expunged or sealed, or to have a diversion program, and to have the case dismissed? If the plaintiff decides to "drop" the charges, would that be considered a diversionary course of action and thus show up on a criminal record? Is a divertive action something official, or could I unofficially negotiate with the plaintiff?

    The plaintiff has allowed me to speak to her, but I have not had an opportunity to do so, at least not until July 3rd, when I shall return to Gainesville. What is the best way to approach the plaintiff in order to insure a successful, non-criminal resolution.

    I have a copy of the police report in my possession. The witness, my roommate, claims that he took the power adapter from my bookbag. Would that constitute a breach in my constitutional right to not be subject to "unreasonable search and seizure."? Therefore, would such evidence prove inadmissible?

    Also, I have been awaiting trial for about 1 month. According to my right to speedy trial, which states that trial must take place within 90 days, with a failure, by the state attorney, to meet this deadline, I would have to consider the case dismissed. Is that correct?

    My goal is to not have a criminal record of any sort, in such manner as I may someday be able to work for the government. In general, what is the best course of action I should take?

    Thank you!

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Gainesville, FL: Petit Larceny, Second-Degree Misdemeanor (812.014.3a)

    Quote Quoting seacube
    I am not sure how criminal records work, that is, do they make mention of any charges pressed, even if before convicted?
    Generally speaking, arrests, criminal charges, and their disposition appear on criminal records.

    Quote Quoting seacube
    Is it possible, considering the minimal nature of this crime, for the state attorney to simply dismiss this case?
    If the prosecutor decides to authorize charges, the prosecutor is unlikely to subsequently decide that it was a mistake to do so.

    Quote Quoting seacube
    If I plead "guilty," what sort of charges would I likely face? Is that any different from being found "guilty," pleading "nolo contendere," or pleading "not guilty"?
    If you plead guilty, you will be convicted of whatever charge you are pleading guilty to having committed. If you plead no contest, and the judge allows the plea, it will be treated as a guilty plea.

    Quote Quoting seacube
    Would it be better for me to plead "guilty," and have this expunged or sealed, or to have a diversion program, and to have the case dismissed?
    It's better not to be convicted. Consult a criminal defense lawyer.

    Quote Quoting seacube
    The witness, my roommate, claims that he took the power adapter from my bookbag. Would that constitute a breach in my constitutional right to not be subject to "unreasonable search and seizure."?
    No. Your roommate was not acting on behalf of the state, so the Fourth Amendment is irrelevant.

    Quote Quoting seacube
    Also, I have been awaiting trial for about 1 month. According to my right to speedy trial, which states that trial must take place within 90 days, with a failure, by the state attorney, to meet this deadline, I would have to consider the case dismissed. Is that correct?
    You stated earlier that you haven't been charged. You have no speedy trial rights before you have been charged.

    Quote Quoting seacube
    In general, what is the best course of action I should take?
    You should consult a criminal defense lawyer to assist you in resolving the charge with the best possible outcome.

  3. #3
    Join Date
    Jun 2005
    Location
    Florida
    Posts
    13

    Default Re: Gainesville, FL: Petit Larceny, Second-Degree Misdemeanor (812.014.3a)

    Thank you for a prompt response. I still have a lot of options, and I tend to think that direct negotiation with the larceny victim would be the best course of action for me to take. Yet, I cannot help but think that there might be a better alternative. I am saying that because I fear that any negotiation could be regarded as a diversionary course of action, which would have to remain in a criminal record; Is that true? We, the larceny victim and I, have lived in the same apartment complex for almost a year, and although we have had our conflicts, we know each other considerably well. At one point, we were even friends. That is why, although I can perfectly understand her position in contacting the police and pressing charges, I am hesitant in taking such drastic recourse as hiring a lawyer. I am more prepared to apologize and beg for her friendship than to coldly testify against her in court. I am thinking of formulating a contract, but I am not sure if I could do it correctly. I have already made a draft, and it is considerably concise. Would you be willing to take a look at it and to let me know what I might need to correct? Also, I am aware of 1 witness who intends on testifying against me. Should I consider negotiating with him as well, or should I trust that once the victim dismisses the case, the witness testimony will not stand? Thank you, once again!

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Gainesville, FL: Petit Larceny, Second-Degree Misdemeanor (812.014.3a)

    If you want advice as to what to do, or to have documents reviewed, you really should consult a criminal defense lawyer. Consulting a lawyer, even hiring a lawyer for an hour or two of work, doesn't mean you have to also hire the lawyer to represent you in court.

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