scared!

[bestfrien]

my best friend was caught shop- lifting and we are afraid she is going to jail. it was about $35.00 dollars worth and she got a court date for it.. will she go to jail? what should she do , since she does not have the money for an attorney?

 

[Proserpina]

She won't go to jail for a first time offense of $35.

It's so low they won't even appoint her an attorney because it's such a low-level crime.

Yes, she'll get a penalty but it will be little more than a slap on the hand

 

[shrinkmaster]

She needs to talk to her Attorney about plea options. Be sure she asks about ACD or Diversion as plea options

 

[Betty3]

Since she doesn't have the money for an attorney, she should ask the court if they will appoint one for her. I don't see her getting jail time.

 

[Proserpina]

Betty, the court won't do that - the possible penalty isn't high enough.

 

[Betty3]

I guess she will have to get an attorney on her own then so she can talk to one & ask about plea options as per shrinkmaster's post.

 

[Betty3]

Pro, what about this thread where the amt. is small & another responder also mentioned asking the court to appoint a lawyer? I know I have seen other threads (don't remember states) where amt. was quite small but responder said you need a lawyer or if you can't afford one to ask the court to appoint one. (cases where they were required to go to court-not where they just had to pay civil demand) What amount is it then where the court will start appointing one? I just want to know for my own benefit. Thanks.

http://www.thelaw.com/forums/showthread.php?t=56626

Here is another thread though state Ca.
http://www.thelaw.com/forums/showthread.php?t=56369

 

[Betty3]

I know the court may not appoint one if they don't believe they qualify financially or if they decide the amount is too small (or whatever reason) but I thought the person had the right though to ask for one & should always ask for one. It seems that is what I see in most posts no matter the amount. I thought it was court's decision no matter what the amt. & they sometimes might appoint one. I didn't know there was a amt. that the theft had to be above.

 

[Proserpina]

Sure, they can ask (in as much as you can ask for anything ), but unless there's something somewhat unique about the case, the request will be denied. Some courts specifically address this in their rules.

I'm also not referring to the value of the goods - I'm talking about the maximum penalty.

 

[Betty3]

I understand what you're saying. Technically though, in Fl. a theft less than $100.00 "could be" punishable by a fine up to $500.00 & jail time up to 60 days. Fla. Stat. Ann. § 812.014 & Fla. Stat. Ann. § 77.082, 77.083. I would think for any theft it is "always best" to have a lawyer if possible.

I don't see the OP getting jail time either though - my opinion. It sounds like a probable first offense.

 

[shrinkmaster]

If a Lawyer is outside your ability to afford you can still consult one or more. Many Lawyers offer free consultations. Its during this consultation you can gain knowledge needed about defense options. Ask about ACD or Diversion. I am not suggesting you do this without a Lawyer but if that is impossible you can at least have knowledge about the law to get best possible outcome