Q: My daughter who is 21 was caught at Target Tallahasse with a pair of socks she pulled from a packet.
She was detained outside the store, signed a statement, the security guard called the police. she was put on handcuffs and read her rights, asked if she was hispanic or black by the police officer. Unfortunately she gave a statement since she was very nervous and no experience with the situation. She was asked if she wanted to go to jail or go to court. She is a student at FSU, and of course she knows she made a poor decision by taking the socks to try with an outfit at home while she also had bought other socks and other items at Target. She is a student with no money to pay for a lawyer.
A: I'm not sure what your question is, but petit theft or retail theft is a common first offense for many young people and the system is accustomed to this type of defendant, charge, and the effect of this on her future. Without a prior criminal history, a good lawyer should be able to get this type of case diverted. A diversion is a contract she would sign with the State Attorney's Office to do some things like community service, maybe a theft class, etc. and stay out of trouble for 6 months to a year at which time if she has completed everything and not committed any new offense, the charges would be dropped. If she does not want to pay for a lawyer, she probably qualifies for the services of the Public Defender, a free lawyer for the indigent which the court would appoint. They can accomplish this for her as well. When she has completed the terms of the agreement and the charges have been dropped, contact me about having the record sealed or expunged so it won't show up on any search of her criminal record.
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