Can a petty theft charge be dismissed or charges dropped if it is not filed yet

Asked almost 2 years ago - Fort Lauderdale, FL

My husband saw a bicycle on the side of the road, not at a home or apt or store, he put it in his truck drove to the nearby store to ask if anyone lost or had their bike stolen, as he was walking to the store the police pulled up and arrested him for stealing the bike

Attorney answers (4)

  1. Jason Michael Reid

    Contributor Level 13

    5

    Lawyers agree

    Answered . If the charges have not been filed, the State will file A No Information or case action- no filing instead of dismissing or dropping the charges, that only happens once charges have been filed.

  2. Evan Mitchell Kleiman

    Contributor Level 12

    4

    Lawyers agree

    Answered . If the charges have not been FILED yet then there is no charge to dismiss. Your husband should hire an experiened criminal defense attorney and attempt to get the State not to file charges. If he can substantiate through witness testimony that he was in fact looking for the lawful owner of the bike he may have a chance. This is being proactive, Otherwise if he is a first time offender he may be eligible for Pretrial Intervention. If he successfully completes the program The State will drop the charges. he may then be eligible to have his record expunged. The answer to your question is basically that a case cannot be dimissed if it has not even been filed yet.

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  3. John Paul Thygerson

    Pro

    Contributor Level 17

    5

    Lawyers agree

    Answered . I agree with my colleagues. Your husband needs an experienced criminal defense attorney to represent his interests.

  4. Roger P. Foley

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . The case may or may not be declined at case filing. If it happened in Broward its a 50/50 depending on who your case filer is. Don't count on it not being filed as it is a question of fact for a jury. Call me my office is next door to court house.

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