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Help ! Retail theft , first offense under $100 at walmart . How can I get this off my record? Live in Martin County Florida

Stuart, FL |

I was caught at Walmart for shoplifting. All merchandise was returned , didn't walk pass doors . And there was video surveillance . Bail payed, Its my first offense how can I get this off my record? Court date approaching soon.

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Attorney answers 7

Posted

If there is both incriminating video and an admission / confession then you may be limited in your options, but you do have options nonetheless. Do yourself a favor and hire a lawyer asap. The possibilities range from attempting to defend the case to entering into a negotiated plea to seeking enrollment into a diversionary program (which is most probably your best bet - if you are eligible for a diversionary program, and if you successfully complete such a program, then the State will dismiss the charge and you can expunge it from your criminal history / record).

While Avvo (and similar sites) are wonderful sources of generic information it is critical to bear in mind that each case, and each Defendant, is /are different, and as every case is also a fluid experience, there is only so much that any lawyer can tell you about your case on-line; in short there is no substitute for an in person face-to-face consultation. Although I practice primarily in Miami-Dade County please feel free to contact my office for a referral or two, or you can search the Florida Association of Criminal Defense Lawyers website by locality (please see http://www.facdl.org/index.php/component/civicr... ).

Either way best of luck!

Posted

Best to get a consultation with an attorney, or at least the public defender. There may be alternatives to a guilty plea that can help you not suffer a conviction such as a civil compromise or pretrial diversion where you can "earn" a dismissal.

Posted

Theft does include attempted theft within it, so the video may be telling with regard to your intent at the time of the alleged theft. Because you never went passed the doors, it may be difficult for the State of Florida to meet their burden of proof, but not impossible if there is other evidence of your intent, including possibly your statements or admissions? These fact patterns are all unique and we handle them on a case by case basis. The Ferraro Law Group practices in Martin County and offers free case evaluations.

For more information, www.stuartcriminaldefense.com The hiring of a lawyer is an important decision. Avvo is a great resource to learn about lawyers and legal issues, but answers to questions posted here do not create an attorney client relationship.

Posted

Best option is to never allow it in your record. Best shot at that is to hire an attorney. Also, wouldn't hurt in the future to refrain from making statements against interest in writing again....stay offline with your case details.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

Michael Adam Haber

Michael Adam Haber

Posted

Mr. Rafter raises an excellent point. No attorney-client privilege exists when you post a question on Avvo (or similar sites); thus, anything that you say - OR TYPE / publish - can be used against you by the government.

Posted

Wal Mart is the worst, for several reasons. But Michael is right- I would call him if I were you.

Posted

Take it to trial! You are presumed innocent until proven guilty. When I was a prosecutor in Martin and Saint Lucie, I tried a case just like the one you describe and the jury walked the person because they did not leave the store.

Go to Trial: Crash the Justice System
http://www.nytimes.com/2012/03/11/opinion/sunday/go-to-trial-crash-the-justice-system.html?_r=0

Good Luck,

JR

James Regan, LL.M*, Esq.
*Master of Intercultural Human Rights Law
jreganllm@gmail.com

https://twitter.com/JReganLLM
https://www.facebook.com/defendme.net (Visit us on Facebook)

Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

Posted

Although I can't guarantee that you'll be able to keep this off your record, I'm sure that your chances of keeping it off your records are much better if represented by an attorney. If you'd like, I'd be happy to provide a free consultation and review of the facts of your case. I'm available 24/7. Best of luck.

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