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What can I do if called to court

Orlando, FL |

I was caught stealing from work. I returned all items, and was given a paper for trespassing. I was not arrested and did not sign any papers other than the trespassing paper. I have been diagnosed by a certified psychologist as having "kleptomania" I do not know if the company is going to press charges or not. I do have prior criminal stuff on my record that happened before being diagnosed. I am wondering if they do press charges will my being properly diagnosed help my case and possibly keep me out of jail? I continue going to sessions, and group. But I'm scared to go to jail or prison AGAIN. I work hard every day. Just have this issue. Please help with any advice! Thank you

Attorney Answers 3

Posted

Your diagnosis can be presented as mitigation in your case, but I would not expect that it would be a defense to your conduct. Since you have priors, you don't need me to tell you how important good legal representation is to you & your case. Once you've decided on who will represent you, have him / her review your facts, your diagnosis & treatment plan & your criminal history. You've been proactive in seeking treatment which can also be used to help you in resolving your case, assuming that the State has the ability to prove the charges. For more information on theft offenses, take a look at Florida Statute 812 or visit www.LadanLaw.com.

Amir A. Ladan

Posting an answer to your question does not create an attorney / client relationship such that you can or should rely on the information provided herein to take action. Instead, it is intended to simply provide you with information. I am not your lawyer and cannot provide you with legal advice unless and until I am hired to do so.

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Posted

Do not give any more statements or evidence to the police. Hopefully, your employer is satisfied with getting their items back and is not advocating prosecution. However, the State could pursue charges regardless of your employer's wishes.
If you are arrested, don't say anything else and hire an attorney immediately. A good criminal defense attorney will first explore defenses to the charge. If you were to plea or be convicted, the fact that you were already getting help will be helpful for sentencing or plea negotiation.

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3 comments

Asker

Posted

Here's another question to add to my previous. Basically I went into my job to get my check and was brought to the back of the store, where they did not allow me to walk out. A police officer came in, and started asking me questions, I'm not 100 percent sure, but technically they "detained me" and the officer started asking me questions, without reading me any rights. After he asked me questions, he had me sign a paper that was my "rights" he never said them aloud he just said "here, sign this" and then I signed a paper for "trespassing" so part of my other question is this, is that all legal?

Asker

Posted

I'm sorry, he gave me the rights paper to sign before asking me questions, but did not read them to me, say anything out loud or verbally to me regarding them, ask me if I understand them, or anything in that reguard. He literally handed me the paper, and said, sign this, it's your rights. And that was all. I have never had to sign a paper about them, and everything was always said to me verbally, and the officer was always recording when he said them, and I replied. However, I don't think this is right. Please help me figure this out!

Asker

Posted

After**** I'm sorry I'm confusing myself. It was given to me AFTER* asking questions, but only on paper. Not asked if I understand or anything.

Posted

You should not go to court without representation especially because of your priors. If you are called to court, however, plead not guilty and say nothing about the facts of your case. Then go talk to a lawyer. To answer the other part of your question, the diagnosis may help in discussing this matter with the State Attorney's Office. In fact, it may not hurt to hire an attorney now to do what can be done to try to prevent charges from being filed.

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