Venice, FL asked in Criminal Law for Florida

Q: what do I do?

arrested for a petty theft of chicken from Publix but they are making this a felony case because this is the third time ,Last time he had a petty theft charge was over ten years ago,

it was a mistake I called ahead and they had it waiting and I called him telling him it was ready for pickup he assumed it was already paid for but it was not I meant he had to pickup and pay for it.

it was misunderstanding on our part but we didn’t find out until yesterday when they arrested him and I bailed him out.

What do I do?

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3 Lawyer Answers
Terrence James O'Sullivan
Terrence James O'Sullivan
Answered
  • Criminal Law Lawyer
  • Melbourne, FL
  • Licensed in Florida

A: The state has the discretion to charge a third petty theft as a felony, but they don’t have to. I’d hire a local lawyer to present mitigation and convince the State to either not file at all or keep the charges as a misdemeanor.

Jonathan Blecher
Jonathan Blecher
PREMIUM
Answered
  • Criminal Law Lawyer
  • Miami, FL
  • Licensed in Florida

A: You hire a lawyer to speak with the prosecutors on your behalf. You may need to give them a sworn statement to clarify the facts.

Good Luck.

Henry George Ferro
Henry George Ferro
Answered
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: Hire lawyer, approach the state...get ready for trial. If you are found guilty you will likely face jail time...

The counter to your argument is that he should have gone to check out and not presumed.

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