Winn dixie said my friend was stealing 7 beers ($20.30) they stopped her called the police they ticketed her with petty thief and notice to appear. She said it was all a big misunderstanding the people in winn dixie know her she always shops there but she just forgot to pay for them she had forgot all about them the camera shows her walking out the store with them they stopped her she told them she forgot she said she had the money to pay for them she just rushing she had 30 mins to get her son's therapy session it was a mistake. The cop came threaten to take her son away if she basically didnt admit to the stealing. Now shes worried because she hasn't been in trouble in over 20 something years it was a honest mistake but the store took things too far. What could happen to her now when she goes in front of the judge? This store sees her on a regular it's not like they never seen her before and she came to steal they know her. Then the cop said in the report it was her purse but it was on of those recycle bags only because the winn dixie bags are cheap and always break the bagger always bag them wrong. They shake up throw them in car by the time you home it brust...
She will receive a court notice to appear. Good news is that they released her in lieu of sending her to jail. These types of misunderstandings happen frequently. When she goes to court, assuming she has no criminal history, she will be offered a diversion program which will lead to a dismissal after she jumps through a few hoops. She does not not "need" a lawyer to get diversion nor will she be entitled to an appointed one, but always good to bend the ear of an attorney if one can afford. Good luck to your friend.
This response does not establish an attorney-client relationship with former Miami prosecutor and Criminal Defense attorney Michael Grieco and is simply solicited guidance. Www.miamicriminaldefense.com
Once the police are involved you cannot undo the criminal charge itself, but it is possible that the representative from the grocery store will not want to prosecute and no witnesses will show up on the day of trial. The accused may also be eligible for pre-trial diversion. There are a number of options that could result in dismissal.
"the store took things too far."... really? If you say so...
Q: What could happen to her now when she goes in front of the judge?
A: She faces up to 60 days in jail, 6 months probation, a $500.00 fine and a permanent criminal conviction.
Rather than either pointlessly pleading your friend's case or proclaiming your friend's innocence on the internet and focusing on penalties perhaps you should consider how to beat or mitigate your friend's case (hint: hire a lawyer... or not... it's your friend's case and your friend's life, not mine...)?
Wishing your friend luck and hoping that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
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