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plead no contest

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A

akridge, rose

Guest
What is the name of your state? florida, when checking out of department store a pair of earrings that i intended to purchase were put in the bag without being charged. i was not aware of this and was apprehended outside the store with the "stolen goods" obviously i was arrested and told to plea no contest. Is this the way to go or should i plea not guilty. the charge is pet. theft $100 to $300. what degree is this crime and how will it affect my record?
 


I AM ALWAYS LIABLE

Senior Member
akridge said:
What is the name of your state? florida, when checking out of department store a pair of earrings that i intended to purchase were put in the bag without being charged. i was not aware of this and was apprehended outside the store with the "stolen goods" obviously i was arrested and told to plea no contest. Is this the way to go or should i plea not guilty. the charge is pet. theft $100 to $300. what degree is this crime and how will it affect my record?

My response:

I hope the earrings were silver. If not, gold clashes with the silver bracelets that the nice cop gave you. I'm a bit of a fashion nut myself, and I just HATE mixing different metals.

IAAL
 

JETX

Senior Member
"what degree is this crime"
*** According to the Florida Code:
"812.014 Theft.--
(e) Except as provided in paragraph (d), if the property stolen is valued at $100 or more, but less than $300, the offender commits petit theft of the first degree, punishable as a misdemeanor of the first degree, as provided in s. 775.082 or s. 775.083."

Punishment:
"775.082 Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.--
(4) A person who has been convicted of a designated misdemeanor may be sentenced as follows:
(a) For a misdemeanor of the first degree, by a definite term of imprisonment not exceeding 1 year;"

AND

" 775.083 Fines.--
(d) $1,000, when the conviction is of a misdemeanor of the first degree."

Bottom line.....
You can be given up to one year and up to $1000 in fines.

"and how will it affect my record?"
*** First, if you didn't have a criminal record, you have one now. If you did have a record, it is longer. And if you have a criminal record, depending on your career 'plans', they could be effected.
 

calatty

Senior Member
If you plead not guilty, you will have to prove that you are not guilty at a trial. If you don't think you can convince a jury or judge that the earrings made their way into your bag without your knowledge, then you might want to consider a plea bargain for a more lenient sentence than you would get after a trial. A no contest plea has the same effect as a guilty plea. You should ask your attorney whether your state has a first-time shoplifting offender program that would allow you to avoid a criminal record -- You do have an attorney, don't you?
 

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