Criminal Defense
Since 1993
Since 1993
HOW CAN FIRST-TIME SHOPLIFTING AND PETIT THEFT CHARGES BE DISMISSED IN CENTRAL FLORIDA? FAQs
Q: What are the options for getting a first-time shoplifting or petit theft charge dismissed?
A: There are several ways to get a first-time shoplifting or petit theft charge dismissed. The most common method is through diversion programs, some counties call them pretrial intervention programs. Even without these programs, there are alternatives if diversion is not an option.
Q: What is a diversion program?
A: A diversion program, sometimes called Pretrial Diversion (PTD) or County Diversion Program (CDP), or Pretrial Intervention Program (PTI) is a program that allows first-time offenders to avoid a conviction by completing certain requirements. If you complete these requirements, the case gets dropped! It’s a beautiful thing. Here’s how it typically works:
- Enrollment: Pay a fee to enter the program.
- Community Service: Complete some community service hours, anywhere from 15 hours to 50 hours typically.
- Anti-Theft Class: Attend an 8-hour anti-theft or impulse control class. This can be completed in one day (e.g., a Saturday from 9 to 5) or broken up into evening sessions.
- Completion: Upon successful completion of these requirements, the charge is dismissed.
Q: What happens if the store vetoes my participation in a diversion program?
A: Sometimes, stores like Kohl’s, Target, or Walmart can veto your participation in a diversion program if they feel particularly wronged by the incident. Even when this happens, we can often overcome their objection. But if we can’t, you still have options even if the store objects.
Q: Can you give an example of a situation where a store vetoed a diversion program?
A: I had a client treated poorly by loss prevention at a store. Despite needing to use the restroom urgently, she was held for hours and humiliated, resulting in a distressing situation. The store refused to grant her access to the diversion program due to her response to their mistreatment. However, we pursued another option to get her charges dismissed.
Q: What is Pretrial Intervention (PTI)?
A: The Florida Pretrial Intervention (PTI) is an alternative to the diversion program, it is a creature of Florida Statute 948.08 and it can be used when the store or prosecutor objects to diversion. It comes in several varieties, standard PTI, mental health court, veteran’s court, and drug court. Here’s how PTI works:
- Bypass Objections: PTI allows you to bypass the prosecutor and the store’s objections by going directly to the judge.
- Additional Requirements: PTI usually involves additional requirements, such as 8 to 12 weeks of outpatient drug treatment.
- Dismissal: Successfully completing PTI leads to the dismissal of the charges.
Q: Why is it important to work with an attorney for these programs?
A: An attorney can help you navigate the complexities of both diversion and PTI programs. They can negotiate on your behalf, ensure you meet all requirements, and advocate for the best possible outcome. If there are obstacles, such as objections from the store, an attorney can help you pursue alternative options like PTI.
Q: What should I do if I’m facing a first-time shoplifting or petit theft charge in Central Florida?
A: If you’re facing a first-time shoplifting or petit theft charge in Central Florida, including Orange, Seminole, Osceola, Brevard, Lake, or Volusia counties, it’s crucial to contact an experienced criminal defense attorney, like John (of course). It takes quite a bit of effort to get someone into one of these programs, but in the end, its for a great cause–getting your charges dismissed.
If you need assistance, please get in touch with my office. I am John Guidry, and I have extensive experience handling shoplifting and petit theft cases. Let’s see how we can help you achieve the best possible outcome for your case. Thank you for watching, and take care.