Q: Received summons for petit theft in Florida, first offense. What to do?

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.

A: Receiving a summons for petit theft can be stressful, but it’s important to take the situation seriously and address it promptly. Since this is your first offense, there may be options to resolve the case without a criminal conviction. At your arraignment, you’ll have the chance to enter a plea, and you may be able to discuss your case with the judge, especially if there’s no solid evidence like video footage or witnesses.

Before the arraignment, it’s a good idea to consult with an attorney who can guide you through the process. They can help you understand the potential outcomes of the case, including whether there are any diversion programs or plea deals available. If Walmart hasn’t communicated with you about the incident, your attorney can inquire about any evidence they may have, such as surveillance footage.

At the arraignment, you’ll need to decide whether to plead guilty, not guilty, or no contest. If you plead guilty, you may face fines or other penalties, but a plea deal or diversion program could help avoid a criminal conviction. If you plead not guilty, the case will proceed to trial, where your attorney can challenge the evidence and help you prepare a defense.