Shoplifting, Larceny, Robbery, Theft shoplifting question

[florida1989]

A couple weeks ago I was caught shoplifting at a department store. I wasn't arrested and the cop wrote up the report as a misdemeanor and I got to leave. I have a court date for next thursday. This is a first offense, and I've never been arrested, ticketed, in any trouble at all. The item that I got caught stealing was less than $20. After this happened I got a letter from the department store saying to send in $200 to them for this crime. Do I have any options to bring this fine down because this is just their offer, or should I just pay it and show up to court? I'm not going to hire a lawyer but I will show up to court. Is there any way that the judge will dismiss this as I am very very sorry and this is my first time in trouble. I am 18 now so not a minor anymore. What should I do? Is this going to go on my permanent record, and is there any way to have it not go on my permanent record? What is the usual punishment for this crime? In Florida

 

[Michael Wechsler]

My understanding is that the court may offer you some ability to keep the arrest off your record provided you stay clean for a certain time period, but you will have to ask to see if you are eligible. If there were to be a civil case the store can sue you for treble damages (three times) the amount of the item plus reasonable court costs - which could include an attorney.

If the damage to the property is $200 or less it is a 2nd Degree Misdemeanor for Criminal Mischief under Florida Law:

806.13 Criminal mischief; penalties; penalty for minor.—

(1)(a) A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.

(b)1. If the damage to such property is $200 or less, it is a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

2. If the damage to such property is greater than $200 but less than $1,000, it is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

3. If the damage is $1,000 or greater, or if there is interruption or impairment of a business operation or public communication, transportation, supply of water, gas or power, or other public service which costs $1,000 or more in labor and supplies to restore, it is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

4. If the person has one or more previous convictions for violating this subsection, the offense under subparagraph 1. or subparagraph 2. for which the person is charged shall be reclassified as a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.


775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.--

(4) A person who has been convicted of a designated misdemeanor may be sentenced as follows:

(a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;

(b) For a misdemeanor of the second degree, by a definite term of imprisonment not exceeding 60 days.


775.083 Fines.--

(1) A person who has been convicted of an offense other than a capital felony may be sentenced to pay a fine in addition to any punishment described in s. 775.082; when specifically authorized by statute, he or she may be sentenced to pay a fine in lieu of any punishment described in s. 775.082. A person who has been convicted of a noncriminal violation may be sentenced to pay a fine. Fines for designated crimes and for noncriminal violations shall not exceed:

(a) $15,000, when the conviction is of a life felony.

(b) $10,000, when the conviction is of a felony of the first or second degree.

(c) $5,000, when the conviction is of a felony of the third degree.

(d) $1,000, when the conviction is of a misdemeanor of the first degree.

(e) $500, when the conviction is of a misdemeanor of the second degree or a noncriminal violation.

(f) Any higher amount equal to double the pecuniary gain derived from the offense by the offender or double the pecuniary loss suffered by the victim.

(g) Any higher amount specifically authorized by statute.

Fines imposed in this subsection shall be deposited by the clerk of the court in the fine and forfeiture fund established pursuant to s. 142.01. If a defendant is unable to pay a fine, the court may defer payment of the fine to a date certain.

(2) In addition to the fines set forth in subsection (1), court costs shall be assessed and collected in each instance a defendant pleads nolo contendere to, or is convicted of, or adjudicated delinquent for, a felony, a misdemeanor, or a criminal traffic offense under state law, or a violation of any municipal or county ordinance if the violation constitutes a misdemeanor under state law. The court costs imposed by this section shall be $50 for a felony and $20 for any other offense and shall be deposited by the clerk of the court into an appropriate county account for disbursement for the purposes provided in this subsection. A county shall account for the funds separately from other county funds as crime prevention funds. The county, in consultation with the sheriff, must expend such funds for crime prevention programs in the county, including safe neighborhood programs under ss. 163.501-163.523.

(3) The purpose of this section is to provide uniform penalty authorization for criminal offenses and, to this end, a reference to this section constitutes a general reference under the doctrine of incorporation by reference.

 

[jacksgal]

The $200.00 has nothing to do with your court case and any fines that may bring. the $200.00 is "Civil Demand" its state law and a Civil action not criminal and unrelated to such. Failure to pay will likely triple the fine and if you still fail to pay you can be sued in court and lose! This will find you also charged with legal cost making your $200.00 fine 10 times that or more!

 

[florida1989]

so then my understanding is that I will likely have up to a $500 fine on top of the $200 I paid to the store already. How much are court costs? And is it likely that I will not have jail time since I cooperated with the police and since its a first offense? Would it be a bad idea to show up to court without a lawyer?

 

[jacksgal]

Yes you are correct court fine will likely be under $500.00. Far as court cost, classes etc if applicable I cannot say. It woud be a very bad idea to go to court withut an Attorney

 

[florida1989]

so what would be the eligibility requirements to keep this off my record? Is it likely that I will get jail time?

 

[jacksgal]

First Offense misdemeanor shoplifting jail is very unlikely. Far as Diversion programs their availabilty or qualifications go you should ask your Attorney

 

[jessiesmom]

I got caught years ago sholifting and I did nto pay the store anything, they sent me lettsers but legall yuo only have to pay what the judge orders. You need to go to the court and they will tell you what you have to pay. And they will allow you to pay the fine in installments. Because of the small amount and it is your first offense your just gonig to pay a fine.

 

[jacksgal]

Jesse you are dead wrong. Its called Civil Demand and its state law. Failure to pay it will triple fine if you still fail to pay you can be sued in court. You will lose and thus take a few hundred dollar Civil demand into possibly thousands in court judgement. Not all people who get Civil Demand pay and not all Civil recovery services pursue these people to full extent they can. Its a coin toss. Jesse you got lucky but your luck does not give you the right to give false information

 

[seniorjudge]

I got caught years ago sholifting and I did nto pay the store anything, they sent me lettsers but legall yuo only have to pay what the judge orders. You need to go to the court and they will tell you what you have to pay. And they will allow you to pay the fine in installments. Because of the small amount and it is your first offense your just gonig to pay a fine.

This is legally inaccurate advice.