Petit Larceny first offense...

Asked over 5 years ago - Orlando, FL

I am a 21 year old college student. I was recently arrested for shoplifting goods not exceeding a value of 50$. I was given a notice to appear, and charged with Petit Larceny. Now, I understand that this is a misdemeanor of the second degree, and I also understand that the maximum sentence for such a charge is a fine of up to 500$ and/or 60 days in jail. I would like to add that I was arrested more than a year ago for misdemeanor possession of marijuana, but went through a pretrial diversion program and successfully completed it, but I have yet to expunge that record. My question is what, typically, is the standard deal for a charge such as this one? (as I dont believe I qualify for diversion any longer.)

Attorney answers (2)

  1. Justin Paul Caldarone


    Contributor Level 6


    Lawyer agrees


    Answered . The Assistant State Attorney assigned to your case is unlikely to offer you pre-trial diversion for your new charge because it has already been offered to you for your prior case.

    Instead, you can probably expect to be offered a withhold of adjudication with either a specified term of probation where you will need to report to a probation officer on a monthly basis and successfully complete some sort of theft course or simply a withhold of adjudication with no probation.

    There is a chance that you may be offered an adjudication, which means that you cannot truthfully answer "No" when asked by a potential employer if you have every been convicted of a crime. Apart from jail, this is the least attractive outcome for your case because it can affect you in the future.

  2. James Reese Mitchell

    Contributor Level 8

    Answered . I would agree with Mr. Caldarone's answer. Unless there is something significant that you have left out, you are likely to be offered probation. I also add that a conviction could impact on your future employment opportunities. This is a crime where a conviction could be used to impeach your credibility should you ever have to testify in court. Additionally, this is a crime that can be enhanced to a first degree misdemeanor for a second conviction and to a felony for a third conviction.

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