Q: Received summons for petit theft in Florida, first offense. What to do?
I've received a criminal summons for petit theft from Walmart that occurred 2 years ago in Sebring, FL. This is my first offense, involving theft over $100 and is classified as a second-degree misdemeanor. I have not had any communications or settlement offers from Walmart. I haven't consulted an attorney yet, and my arraignment is scheduled for April 14, 2025. There’s no information about witnesses or video evidence in the summons. What can I do?
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A:
You should definitely consult with an attorney prior to your arraignment. If the property was worth $100 or more it is actually a first degree misdemeanor punishable by up to a year in jail. If you can't afford to hire a private attorney you can apply for the public defender as well. Wal-Mart doesn't make a settlement offer. They are a witness/victim. The State Attorney's Office will be prosecuting your case and would make any offer.
If you have no prior record you may be able to get pre-trial diversion which could lead to the case being dismissed. Also, if this supposedly happened two years ago you may be able to get it dismissed based on a violation of the statute of limitations. The summons doesn't list witnesses and evidence. That will come later. Good luck.
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