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  1. #1
    Join Date
    Oct 2009
    Posts
    1

    Default Petty Theft at Walmart

    My question involves criminal law for the state of: Florida

    My friend and I were arrested at Walmart for Petty Theft ($200)
    I know all about the diversion programs and withhold of adjudication but I'm still not sure which one is better between the two.
    I've talked to a few lawyers, but they all say the same thing and haven't really told me which one is better.

    I'm 18 years old, never been arrested before. I'm also in college and don't have a lot of money. I tried finding a reasonable priced lawyer but I'd like to go with a public defender if possible. I personally have very little income but I'm considered a dependent of my parents. Will I be assigned a public defender if my parents make $40k? I don't want my parents to know, so I'm trying to do this without their help.

    Also, if I do decide to go into court without a lawyer on my first court date. How should it go?
    For example:
    Judge: How do you plead?
    Me: Do I qualify for a withhold of adjudication?
    Judge: Nope.
    Me: How about a diversion program?
    Judge: Nope.
    Me: Can I be appointed a public defender?

    And if he says yes to a withhold or diversion, then I can just go from there without a public defender, correct?

    Thanks.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Petty Theft at Walmart

    Quote Quoting snyder9
    View Post
    My question involves criminal law for the state of: Florida

    My friend and I were arrested at Walmart for Petty Theft ($200)
    I know all about the diversion programs and withhold of adjudication but I'm still not sure which one is better between the two.
    I've talked to a few lawyers, but they all say the same thing and haven't really told me which one is better.

    I'm 18 years old, never been arrested before. I'm also in college and don't have a lot of money. I tried finding a reasonable priced lawyer but I'd like to go with a public defender if possible. I personally have very little income but I'm considered a dependent of my parents. Will I be assigned a public defender if my parents make $40k? I don't want my parents to know, so I'm trying to do this without their help.

    Also, if I do decide to go into court without a lawyer on my first court date. How should it go?
    For example:
    Judge: How do you plead?
    Me: Do I qualify for a withhold of adjudication?
    Judge: Nope.
    Me: How about a diversion program?
    Judge: Nope.
    Me: Can I be appointed a public defender?

    And if he says yes to a withhold or diversion, then I can just go from there without a public defender, correct?

    Thanks.
    Plead not guilty and ask for a defender.

  3. #3
    Join Date
    Oct 2009
    Posts
    20

    Default Re: Petty Theft at Walmart

    Do you intend to enter a guilty plead?

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Petty Theft at Walmart

    Your parents' income is irrelevant to whether or not you will qualify for a PD. That you're considered a dependent for the purposes of financial aid is also irrelevant. You're a grown adult, and responsible for your own fees.

    Plead Not Guilty and ask for a PD. It's your only shot at diversion - if you plead Guilty, you tie the court's hands and force other punishment.

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