Criminal Defense
Since 1993
Since 1993
1 OF 3 THINGS COULD HAPPEN ON YOUR SHOPLIFTING / PETIT THEFT CASE FAQs
Q: What is a first-time shoplifting accusation called in Florida?
A: In Florida, a first-time shoplifting accusation is called “petit theft.” It’s important to understand the potential outcomes and steps involved in dealing with this charge.
Q: Will I go to jail for a first-time shoplifting offense?
A: No, as a first offender, you will not go to jail. Jail time is not a consideration for first-time petit theft charges, so you don’t need to worry about that.
Q: What are the three possible outcomes for a first-time shoplifting charge?
A: There are three main outcomes for a first-time shoplifting charge:
- Case Dismissal: Often, first-time offenses can be dismissed, especially with the help of a good attorney. Shoplifting mistakes, especially with self-checkout lanes, can be challenged based on the evidence or lack thereof. Even if you are guilty, there are ways to get the charge dropped through a diversion program, which involves completing certain requirements like a theft class or community service.
- Entering a Guilty Plea: If the case cannot be dismissed, you may have to enter a guilty plea. The judge has various sentencing options for first offenders, which can include supervised probation (six months to a year), random drug testing, employer verification calls, community service (typically 50 hours), an anti-theft or impulse control class, and fines ranging from $500 to $1,000, plus court costs. While not ideal, this outcome allows you to avoid jail time and fulfill the court’s requirements.
- Jury Trial: Though rare for first-time offenders, taking your case to a jury trial is an option. This involves convincing a jury that the prosecution hasn’t provided sufficient evidence to support the accusation. While it’s less common, it can be necessary in some cases.
Q: What is a diversion program, and how can it help my case?
A: A diversion program is an alternative resolution for first-time offenders that can lead to the dismissal of your case. It typically requires you to complete a theft class, perform community service, and meet other requirements. Successfully completing the program results in your charges being dropped, which is a favorable outcome and helps avoid a criminal record.
Q: What should I do if I’m facing a first-time shoplifting charge in Central Florida?
A: If you’re facing a first-time shoplifting charge in Central Florida, it’s crucial to hire an experienced criminal defense attorney. They can help you navigate the legal system, challenge the evidence, negotiate with prosecutors, and aim for the best possible outcome, whether it’s getting the case dismissed through a diversion program or achieving a favorable plea agreement.
If your shoplifting incident occurred in Central Florida, including Orange, Seminole, Osceola, Brevard, Lake, Volusia, or Polk counties, please contact my office. My name is John Guidry, and I am here to help you through this process and work towards the best possible resolution for your case. Thank you for watching, and take care.