Shoplifting, Larceny, Robbery, Theft petit theft, shoplifting <$100, misdemeanor, 1st offense

[outofideas4anam]

Shoplifted about $90 from store near Orlando and was caught.

Store security (undercover, plainclothes) caught me trying to slip the DVD under the lawn and garden fence so I could retrieve it outside. They stopped me outside, before I could actually retrieve it. I walked with them voluntarily and discreetly to security, where they took my info, gave me the 'S. 772.11 Civil Remedy For Theft' slip telling me I'd get a bill for $200 in the mail (they had me sign a copy of this slip for their records).

Then the police arrived and took my info in store security, gave me a notice to appear for Florida Statute 812.015, Retail Theft, Misdemeanor. Let me go saying failure to appear would result in warrant for my arrest. This was today; court date is 11/6/2007. I'm 32 male with clean record. I've been reading up on statutes 775.082 and 775.083 and can't tell if I'll be getting a fine, jail, or completely up to the judge. Is it worth stopping by courthouse before citation date to get more info on public defender (I am 99.99% sure I will qualify), something called "diversion" or is it a waste of time before citation date to appear?

Have also read that mention of seeking counseling (true) can help as shoplifting is often a cry for help and sign of personal issues. Any info you provide would be immensely appreciated.

 

[mafioso]

There is a fine and possible jail time. But since you have a clean record, you would probably just pay a small fine and do differed adjudication and the charges dismissed after probation. You would apply for a public defender after your first appearance. Your record may be expunged or sealed per your states law.

 

[outofideas4anam]

Thanks. What confuses me about the public defender is that I thought one of their roles is to help you decide the best way to plead to the charge against you. How can he help me decide if I don't get to meet him until after my first appearance, which means after I've already entered a plea? (Or is that just the way it is when you must depend on the state for a lawyer and can't afford your own?) My only other question is, in searching boards like this for my issue I've seen several comments saying if you choose a public defender over your own private lawyer you're screwed. Are the levels of competency really that different, or is this just an old stereotype?

Thanks again.

 

[mafioso]

There is some truth to the fact that some public defenders are not very dedicated as private attorneys. It is unfortunate but true in many cases. PD will help you deciding on the best course of action but you must appear in court to get one. So you simple plead not guilty if it arises until you talk to your attorney. Most courts would not accept your plea without legal counsel…..So don't worry about it.