Shoplifting in Florida

[please77]

My question involves criminal law for the state of: Florida

I have a court date tomorrow concerning an incident that happened about a month ago. I was in a Sephora which I frequent often with a friend. I picked up a $29 mascara that I buy there every couple of months with the intention of buying it. I then recieved some upsetting text messages and phone calls while we were in the store for about 45 minutes, and out of anger I threw my phone along with the mascara (unknowingly) into one of the shopping bags that I had on my arm. When my friend and I exited the store not too long after, the saleslady chased me out of the store and asked me for the item that was in my bag. At first I didn't know what she was referring to, but when I opened one of the shopping bags, there was my phone with the mascara. I was humiliated and extremely apologetic, and I told her that I would pay for it, and that it absolutely was not my intention to steal it. It was an accident, and a result of my absent-mindedness. I had plenty of money in my wallet, I had been shopping all day, I have never stolen anything in my life and have a clean record. What should I do and what should I expect?

[antrc170]

What is the charge? It will be on the summons, citation, etc.

[please77]

"Petit Theft $29" is what it says on the citation.

[antrc170]

Petit Theft for less than $100 is a 2nd Degree Misdemeanor punishable by no more than 60 days in jail and/or $500 fine.

If this is your first offense then explain to the court what happened. If the store is somewhere where you shop frequently then bring in any old reciepts, bank statements showing debit transactions, etc. as mitigating evidence to show that this was an error, not an intended theft.

I would think that a reasonable first offense judgement would be along the lines of $290 fine (10x the item) and an order not to shop at the store for 1 year.

[please77]

Ok great, I will definitely bring my bank statements and I also have a rewards card from the store that has a lot of points on it which I will bring as well. So when I go into the court room do I speak for myself or ask for a public defender? I was told to plead not guilty, but I believe that even though it was an accident, the item was in my shopping bag without being paid for, end of story. Right? The last thing I want to do is lie to a judge or piss her off! I need to take responsibility for my mistake, malicious or not. I didnt know if I would have the opportunity to explain to the judge what happened. One more thing. I was looking at the arrest affidavit (I recieved a PTA) and my name is completely misspelled even though the officer had my driver's license in front of him. Does this mean anything? Thank you for your help.