Apopka Petit Theft Lawyer
If you have been charged with petit theft in Apopka, Florida please contact Chris S. Boatright, P.A. at 407-740-8300 to discuss what options may be available to get your petit theft charge dismissed or reduced. One way to get your petit theft charge dismissed is by completing a Pre-Trial Diversion Program. Not every petit theft case is eligible for a Pre-Trial Diversion program. See below for more information on Pre-Trial Diversion.
Driver License Suspension
A conviction for a petit theft may cause your drivers license to be suspended.
Former Petit Theft Prosecutor
As a former petit theft prosecutor Chris has an understanding of what can be important to the prosecutor in your Apopka petit theft case. It is important to understand how the other side works. Chris uses this understanding to determine what needs to be done to get the best possible outcome in your petit theft case.
Apopka Petit Theft Defense Lawyer Since 1999
Chris has been defending individuals in Apopka charged with petit theft since 1999. Being an Apopka petit theft defense lawyer for so long has given Chris the opportunity to spend a lot of time working with the judges and prosecutors that handle petit theft cases like yours. Experience dealing with those judges and prosecutors is important in achieving the best results in your petit theft case.
Different Apopka Petit Theft Defense Lawyers Get Different Results
When you have been charged with petit theft in Apopka you need an aggressive, experienced, and knowledgeable lawyer like Chris to defend you. A petit theft conviction will stay on your record forever, therefore, it is important to be represented by the right lawyer. The better prepared you are for your court appearance the more likely it is you will get a favorable outcome. The best results possible are rarely obtained by just hoping for them. Get the help you need at Chris S. Boatright, P.A. to get the best results possible.
Information About Apopka Petit Theft Charges
Misdemeanor theft charges are called petit theft. The value of the item or items allegedly stolen determines if a petit theft charge is a second degree misdemeanor or first degree misdemeanor.
- If the value of the stolen property is less than $100, the crime is a second-degree misdemeanor punishable by a maximum of 60 days in jail and/or 6 months probation and/or a $500 fine.
- If the value of the stolen property is $100 or more but less than $300, the crime is a first-degree misdemeanor punishable by a maximum of 365 days in jail and/or 12 months probation and/or a $1,000 fine.
Evidence
In order for the State of Florida to prove you committed the crime of petit theft, the State need’s evidence. Normally, the law enforcement officer’s report contains a statement of the evidence against you. However, there may be other evidence in your case which the law enforcement officer failed to document in the report. It is essential for you and your attorney to review all of the evidence in your case before preparing your defense. Some important questions are:
- Were there any witnesses to the incident and if so did they provide a statement?
- Was the incident recorded by videotape?
- What is the actual value of the property allegedly stolen?
- Was the property recovered?
Constitutional Rights
The United States Constitution and the Florida Constitution both guarantee that people be free from self-incrimination. In order for a person to give up their privilege against self-incrimination the person must do so freely voluntarily and knowingly and that is why a person is normally advised of their Miranda rights after arrest but prior to any questioning by a law enforcement officer. It is important for you to know if your privilege against self-incrimination was violated. If your privilege against self-incrimination was violated evidence in your case may be inadmissible. Some important questions to consider are:
- Were you questioned by a law enforcement officer after you were arrested?
- Did you make any statements that are harmful to your case?
- Were you read your Miranda rights?
Civil Demand Letter
If your alleged petit theft was from a store then you probably will receive a letter from the store or from a law firm on behalf of the store within 30 days of the alleged petit theft requesting you to pay $200 to avoid the store suing you to recover loss prevention costs. This request is a separate matter from the pending criminal case and should be discussed with your lawyer upon receipt.
Orange County Pre-Trial Diversion Program For Petit Theft Charges
This is a deferred prosecution program for selected petit theft and for selected individuals. This program is offered by the Office of the State Attorney and supervised by Orange County Community Corrections. Successful completion of the Orange County Petit Pre-Trial Diversion Program will result in the dismissal of your charge(s) by the Office of the State Attorney.
Eligibility
- You must have no prior sentence, conviction or dismissal for a similar charge, no prior felony convictions, no prior convictions for charges ineligible for diversion, and no prior adult diversion/deferred prosecution programs.
- You must be a legal resident of the United States.
- You must have no more than one prior petit conviction.
- Your charge(s) must have no more than $1,000 in restitution.
- You must be approved by the Office of the State Attorney.
Program Details
- Program length is 6 months
- Program cost is $300
- Program intake fee is an additional $20
- Program drug testing fee is an additional $17
- Program phone reporting fee is an additional $6-$7 per month
- Program Office of the State Attorney fee is an additional $100
- You must perform a minimum of 40 hours of alternative community work service
- You will also successfully complete an impulse control/theft prevention class
- No return to the store.
- You are responsible for any additional costs for classes and evaluations.
Apopka Petit Theft Charge Penalties
A conviction for petit theft can result in many different penalties. It is important for you to know what penalties you may be facing. Some of the penalties for a petit theft conviction may include:
- Time in Jail
- Probation
- Community Service
- Classes
- Loss of your driving privileges
- Restitution
- Cost of Investigation
- Cost of Prosecution
- Fines
- Court Costs
*All program fees and costs are subject to change without notice*
For More Information About Petit Theft See Below:
Theft Restitution Cannot Be More Than Maximum Value For The Crime Charged
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