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Can i be found not guilty?

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tjackson000

Junior Member
My friend, his brother and i were using one cart. In self check out, I paid for my things and my friend was stuffing my bags with his things as his brother watched and stood still. And then my friend started leaving before i was even done paying for my things. We were all stopped at the front of the store and arrested. My friend's brother was let go and my friend and i went off to jail. We were not charged in consort. Is it possible for me to go free if my friend tells them that he was stealing those things for himself and not be convicted of petty theft or at least get the charge expunged if i plead guilty?
 


Eekamouse

Senior Member
My friend, his brother and i were using one cart. In self check out, I paid for my things and my friend was stuffing my bags with his things as his brother watched and stood still. And then my friend started leaving before i was even done paying for my things. We were all stopped at the front of the store and arrested. My friend's brother was let go and my friend and i went off to jail. We were not charged in consort. Is it possible for me to go free if my friend tells them that he was stealing those things for himself and not be convicted of petty theft or at least get the charge expunged if i plead guilty?
You're just as guilty as your friend is. You cannot say you didn't know what he was doing.
 

quincy

Senior Member
My friend, his brother and i were using one cart. In self check out, I paid for my things and my friend was stuffing my bags with his things as his brother watched and stood still. And then my friend started leaving before i was even done paying for my things. We were all stopped at the front of the store and arrested. My friend's brother was let go and my friend and i went off to jail. We were not charged in consort. Is it possible for me to go free if my friend tells them that he was stealing those things for himself and not be convicted of petty theft or at least get the charge expunged if i plead guilty?
What is the name of your state?
 

Shadowbunny

Queen of the Not-Rights
... Is it possible for me to go free if my friend tells them that he was stealing those things for himself and not be convicted of petty theft or at least get the charge expunged if i plead guilty?
Possible? Yes. Probable? No.

Talk only to your attorney about this, not to your friends, family, or heaven forbid, facebook. You're in trouble. And most likely will end up with a record. So do yourself a favor and stop stealing.
 

cbg

I'm a Northern Girl
CAN you be found not guilty? Yes. The possibility exists that you will be found not guilty.

WILL you be found not guilty? Sorry, the crystal ball is out for repairs, and it's just as likely (possibly more so) that you will be found guilty as not.
 

tjackson000

Junior Member
Thank you

Thank you everyone that replied. These were the answers i was expecting. Im prepared to take full responsability unless someone experienced suggested a legitimate reason not to. No, i dont speak to anyone about it. Its not something to flaunt around. Now my next questions are, "what is stay of prosecution"? And can it be applied to my case? Also, will it be easy to expunge this from my record? Or is it really just up to the judge?
 

Eekamouse

Senior Member
I have no pre existing criminal record.
Expect that to change. You really have no bargaining chips and that Get Out Of Jail Free card you expect to find that will magically make all your troubles go away is not going to materialize for you out of thin air. You won't get any jail time, most likely, unless there is more to your story than what you've shared here, but you will see this on your record. I sincerely doubt this was your first time stealing but it apparently is your first time to be caught red handed. Sucks to be you. Try to learn something from the experience that will be of value to you later in life.
 

quincy

Senior Member
Thank you everyone that replied. These were the answers i was expecting. Im prepared to take full responsability unless someone experienced suggested a legitimate reason not to. No, i dont speak to anyone about it. Its not something to flaunt around. Now my next questions are, "what is stay of prosecution"? And can it be applied to my case? Also, will it be easy to expunge this from my record? Or is it really just up to the judge?
What was the value of the items that you and your friend hid in the shopping cart?

If the items are valued at $100 or less, that is a second degree misdemeanor. If convicted, you face a fine up to $500, up to 60 days in jail and you will have a criminal record.

If the items are valued at over $100 but less than $300, that is a first degree misdemeanor. If convicted, you face a fine up to $1000 and up to 1 year in jail, and you will have a criminal record.

If the items are valued over $300, that is a felony. The penalties will depend on the amount stolen and other facts.

It is possible that, with the help of an attorney, you could get the charge against you dismissed. More likely, however, the attorney will be able to work on your behalf with the prosecutor to get you into Florida's diversion program for first offenders. If you are eligible for the diversion program, and you complete all of the required terms of the diversion program to the satisfaction of the prosecutor and the court, and you do not reoffend during your probationary period, the theft charge can be dismissed. It can be possible to have the record of your arrest and the charge expunged or sealed.

Although it could be possible to be offered the diversion program without a lawyer, quite frankly you would be stupid to try to handle this on your own.

A link to the law (click and scroll): http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/0812.html

Good luck.
 
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tjackson000

Junior Member
Best answer

Thank you very much. I appreciate the actual answer without any lackluster humour or obvious brainless statements added in. So may i ask what stay of prosecution is for anyone knowlagable about the phrase?
 

tjackson000

Junior Member
CAN you be found not guilty? Yes. The possibility exists that you will be found not guilty.

WILL you be found not guilty? Sorry, the crystal ball is out for repairs, and it's just as likely (possibly more so) that you will be found guilty as not.
By all means. Come to the lawyer forum to make sassy remarks. Im sure youre a better person for it.
 

tjackson000

Junior Member
Understood

Expect that to change. You really have no bargaining chips and that Get Out Of Jail Free card you expect to find that will magically make all your troubles go away is not going to materialize for you out of thin air. You won't get any jail time, most likely, unless there is more to your story than what you've shared here, but you will see this on your record. I sincerely doubt this was your first time stealing but it apparently is your first time to be caught red handed. Sucks to be you. Try to learn something from the experience that will be of value to you later in life.
Im not looking for a get out of jail free card. I had to pay for that. Im looking for experienced players to now guide me on what needs to be done next and what to expect. Thats why im on here... but thank you anyways.
 

Eekamouse

Senior Member
Im not looking for a get out of jail free card. I had to pay for that. Im looking for experienced players to now guide me on what needs to be done next and what to expect. Thats why im on here... but thank you anyways.
Yes you are.

My friend, his brother and i were using one cart. In self check out, I paid for my things and my friend was stuffing my bags with his things as his brother watched and stood still. And then my friend started leaving before i was even done paying for my things. We were all stopped at the front of the store and arrested. My friend's brother was let go and my friend and i went off to jail. We were not charged in consort. Is it possible for me to go free if my friend tells them that he was stealing those things for himself and not be convicted of petty theft or at least get the charge expunged if i plead guilty?

You were just as involved with the theft as your friends were but you want to find some way to get yourself out of facing the consequences. That is a Get Out Of Jail Free card. You knew EXACTLY what your friend was doing and you were going right along with it so you are just as guilty as he is of shoplifting. Deal with it. :rolleyes:
 

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