Q: Petty theft citation with prior diversion, seeking probation/no jail in FL.
I am a 74-year-old female who received a citation for petty theft after allegedly taking four dog treats from a store. The store staff did not witness the act, and there is no video surveillance. However, I did admit to a police officer that I took the treats for my sick dog to avoid going to the police station. My record was clean at the time of the incident, although I completed a diversion program last year which resulted in all charges being dismissed. At my pretrial, discovery and other state exhibits were requested, but I'm particularly concerned about avoiding jail time due to my heart condition and asthma. I'm hoping to resolve this issue with probation or a fine during the upcoming status conference. What outcomes can I realistically expect from the status conference, and how should I approach this situation?
A:
I am truly sorry this is happening to you, I love animals more then people
which county is this in please?
knowing the County allows me to give you an accurate answer, but, you are in n way looking at any jail time and as long as the store got the merchandise back, this is an extremely minimal offense
The store should not have prosecuted an animal lover caring for her dog
A: It's best to hire counsel. If you cannot afford it, you could try the Florida Bar Lawyer Referral Service, which has a LOW FEE panel of attorneys available or low income individuals. But if you don't hire counsel, here's a couple tips. First, a status conference is not a judicial decision-making hearing; it's for the Judge to determine if the case is ready to set for trial, and if there is a plea deal reached before the conference begins, that can probably be announced and finalized at that time. Also, if your case is called before you've had a chance to confer with the prosecutor, the Judge may allow the parties to confer upon request, then come back to the Judge. Secondly, before your status conference date, you can try calling the prosecutor to see if they will tell you on the phone what their plea offer is. You can call the State Attorney's Office and ask who the prosecutor is for your case number, and say you would like to speak to that person to discuss your case. You can also ask if you can make an appointment to speak in person. (The prosecutor may or may not be willing to speak to you prior to the status conference.) Speaking in person may be best for you (either at the SA's office or at the court status conference) as it may influence the sympathy factor. Thirdly, whatever the plea offer is, it might be negotiable.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
