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How do i get a Shoplifting charge dismissed

Jacksonville, FL |

I'm very ashamed of the situation but I attempted to steal some thanksgiving stuff from a store because I'm have very little money, I didn't know how else to have a thanksgiving and it was a lapse in judgement, I've never done anything like this and I'm terrified I will end up losing my job and not being able to get another one that will cover my bills. I've read about Florida's pretrial intervention program but I have no idea how to sign up for it and this could end up making a bad situation completely bleak. If anyone can help out with this or any other options that I may just not know about then please let me know.

Attorney Answers 7


  1. Best answer

    All the other answers are fine, I write to add that the new policy in Duval is for PTI offers to be made in court, making you wait until the decision has already been made. Therefore, it will be extremely helpful to have a private attorney who can make your case long before someone else makes a decision that affects you.

    I don't know your history, but your case sounds particularly suited to PTI provided you have no prior criminal history. I understand that money is tight - but call for a free consult if you have any further questions.

    The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca Law Firm, PA. Please consult with a lawyer in order to obtain confidential legal advice that is tailored to your specific situation and facts.


  2. Sure thing. First go to arraignment, then ask the judge for a public defender. Ask the public defender if there is a diversion or intervention program and see if the PD can get you in one. Of course a private lawyer can do the same and avoid you going to court in many cases so if you can find some money hire someone.

    Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.


  3. You need to make sure you don't go to court unprepared. Either sign up for the PD before the court date, or go talk to a private defense lawyer and get them working on the diversion offer. You should be eligible, but because the pretrial diversion program is not an absolute right, don't call it a done deal until you've signed the contact. In other words, get with a lawyer early and you should be ok.


  4. I agree with the other gentlemen, but I would add that if you go to arraignment by yourself, please only say, not guilty, and that you need the Public Defender appointed. Please do not try to "talk your way out of it" at arraignment. I have watched too many people talk their way into jail.

    Although AVVO answers provide a starting point, nothing replaces the opinion of a qualified DUI defense attorney knowledgable about the Judges and prosecutors near you. You should consult a local lawyer for legal advice. Www.orlandocriminalteam.com Www.orlandoduiteam.com Www.orlandoduilawfirm.com Www.flduilawfirm.com Www.orlandodivorceteam.com


  5. I agree with the other attorneys. Request a public defender and request admission into a pre trial intervention program at arraignment. Usually the state attorneys office will nail you a letter offering PTI with instruction on how to sign up. Once you complete PTI your charge will be dropped and you can petition the court to expunge your record. Good luck.
    www.colleenglenn.com


  6. First of all, I applaud you for seeking advice in this matter. State attorneys make the decision to offer Pretrial Intervention, and often if they don't, they end up filing charges before arraignment. Once that happens, there is a strong possibility that the PTI won't be on the table as an option. Unfortunately, the Public Defender's Office may not get to it until arraignment. If you are very serious about this, you should retain an attorney to contact the State Attorney's Office as quickly as possible to discuss this as an option. Often, an attorney can explain mitigating factors to the State Attorney before they have made their filing decision. I do agree that if you are able to reach your Public Defender, he or she may be able to tell you if that is already an offer made by the State Attorney, and this would save you the cost of retaining a private lawyer. If all else fails, I offer a free consultation. Good luck!

    The answers given by this attorney are for educational and information purposes only and do not constitute legal advice, nor are they intended to create attorney/client relationship. You should seek legal counsel in your area to get legal advice concerning your particular circumstances.


  7. You already have answers from five excellent Florida lawyers more familiar with your courts and laws than any out-of-state lawyer can be.

    I am writing to concur that you want to be proactive on this. When you get to the arraignment do not say anything other than that you plead not guilty and want a lawyer.

    Also, you may get a letter from a law firm for the store. Read the links below about civil demand letters and keep a reference to them in case you get such a letter.

    If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.

    Thank you.

    --- Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin
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    --- Facebook Page
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    --- Talking to the Police - Advice from Lawyers and Police
    http://addbalance.com/police.htm

    --- Miranda Rights (and Wrongs)
    http://addbalance.com/miranda_rights.htm

    DISCLAIMER:

    Confidential information should not be disclosed in this Internet forum.

    I am an experienced Wisconsin criminal defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.

    If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

    Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

    This AVVO Answer is provided for general educational purposes only.

    Click on the “more” link below for more important information about the answer and AVVO.

    Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

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