Has a special for fill your cup for 5.00 and I brought just enough and it wasn't enough because I guess after a certain amount they charge you. Well it came to 8.22 and didn't have it. So she said I need to pay but I didn't have it so I let it sit there. She called cops and I was arrested. Is this possible I didnt eat any of it.I was arrested for theft, how could I have been? I did not have anything or steal anything.
I am not sure that you asked a question here Please re ask what you want to know.
It is unbelievable that you were arrested for this. If you did not intend to steal it you are not guilty of theft. You need to talk to a criminal lawyer.
If this is your first offense then it is almost certain that you will be eligible for a diversionary program.
Diversion is a program which is designed to make you think twice about future criminality by way of making you jump through a series of proverbial hoops during a period of supervision, successful completion of which results in a dismissal. The program is owned and operated by the State Attorney's Office and they have absolute and unequivocal discretion as to whether to admit you, keep you or "graduate" you from their program.
Knowing that, the question now is whether or not diversion is right for you. There may or may not be viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges without going through diversion.
The best way for you to get competent advise is going to be to have a face-to-face meeting with a criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police reports and citations and then offer an informed opinion.
Please take a look at my Avvo Legal Guide on diversion in Florida. It contains a great deal of information on the subject and should be helpful to you. For your convenience a link follows:
Please see: http://www.avvo.com/legal-guides/ugc/pre-trial-intervention--diversion-what-is-it-and-is-it-right-for-me
I hope that I have been helpful in answering your question.
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This sounds like an issue of intent to steal. If the state actually decides to file formal charges and pursue the case, hire a lawyer or have the pd appointed if you cannot afford one and take it to trial.
As always, the responses given are based upon the limited information provided in the question and general legal procedure. It is advised that if your situation contains complex issues or facts to consult personally with an attorney for your choosing. In criminal cases where liberty is at stake, a defendant has an absolute right to a court appointed attorney if you cannot afford one.
Wow that does seem pretty unbelievable. I agree with my colleagues who doubt the State's ability to prove your case. A prosecutor still has to review the case independent of the law enforcement officer and make a decision whether to file charges against you. Mr. Haber is right that you may be offered entrance into a diversion program, but you should still have an experienced lawyer review the police reports to both see why the officer thought you stole something and determine whether the State can prove its case. The State has to prove you are guilty and you shouldn't get lured into a diversion program if the State can’t prove its case. I hope this was helpful. Good luck.
I attempted to provide you with an accurate and thorough answer to your question. Please understand that this answer is intended to provide you with general information. It should not be construed as legal advice nor should you expect that an attorney/client relationship was formed based on this communication. You are always welcome to contact me directly. Good Luck!
I agree with Mr. Gillespie, if this isnt a joke on us, I cannot believe you were arrested for this, there must be something more. But nothing seems to surprise me as reasons to get arrested.
if this is all that happened, if I were you I would be fighting for a dismissal as the "intent" is lacking here. I understand menchies cannot put there product into the machine once it has been dispensed, but they would have to show that you came in there with the intent to deprive them of the fro-yo in question. A motion to dismiss might be a good tool here, and you might be able to use "voluntary abandonment" as a specific defense to petty theft. Lawyer up! Invest the money in an attorney to also seal/expunge your record depending on how this case plays out and your eligibility.
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