Legal Question in Criminal Law in Florida

Grand Theft and Scheme to Defraud!

Charged with 1 count of Grand Theft ($37,000) and 1 count of Scheme to defraud.

This is my first offense.

The owner of the shop does not want me to go to jail, but he does want his money back, obiviously.

I have an arraignment in 2 weeks!

State of Florida vs. Me

Do I have a high chance of not serving jail time and convicted of the felonies?

Do I still need to hire a lawyer?

Lastly, I was told by the Detective if me and store owner come to an agreement to repaying him that he can fax me a signed agreement and I can bring to the arraignment and my case will become nolle prosse. Is that true?


Asked on 8/12/08, 7:39 pm

4 Answers from Attorneys
Robert M. Perez Law Office of Robert M. Perez, State and Federal Criminal Defense

Re: Grand Theft and Scheme to Defraud!

Yes, you need a lawyer. You are facing serious charges that could result in you being convicted felon and facing state prison time. No, you cannot have the case dropped because you reach an agreement with the alleged victim. It is out of the victim's hands at this point. It is the state attorney that will determine the offer that is made to resolve this case. However, since it is your first offense an experienced attorney might be able to get you a pretrial diversion offer. I am a former prosecutor in Dade County. Call my office to make a free appointment to discuss further. Good luck.

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Answered on 8/13/08, 11:10 am
Eric C. Padron Eric C. Padron, P.A.

Re: Grand Theft and Scheme to Defraud!

You are facing some serious felony charges however, your lack of a criminal past and desire of the victim that you not go to jail bode well in your favor. The detective is mistaken as to his advice to you. only the prosecutor can dismiss the cass. I would highly recommend you contact a lawyer. Having been a prosecutor for over 11 years I can tell that you a good lawyer will assist you greatly in getting your case resolved quickly. Good luck. likelihood your case wi

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Answered on 8/13/08, 11:10 am
Aaron Slavin Slavin Law Firm, LLC

Re: Grand Theft and Scheme to Defraud!

Based on your lack of a criminal record, as well as the fact that the victim does not want you to go to jail, you should have a very good chance of avoiding jail and receiving some sort of a probation sentence with a condition that you repay the victim in restitution. Assuming both charges are 3rd degree felonies, and assuming you have no criminal record, there is a good chance that the Judge will "withhold adjudication," meaning you would not be formally convicted (assuming you complete your probation successfully). I would definitely recommend that you retain a lawyer. You are facing 2 felony charges and a possible prison sentence of at least 10 years. As far as what the Detective told you, it is not up to him or the Judge to decide on a nolle prosse. Only the State Attorney's Office can do that and each SAO is different in their policies regarding nolle prosses. Good luck. If you have any questions, feel free to contact my law firm.

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Answered on 8/12/08, 7:50 pm
Valerie Masters Valerie Masters, P.A.

Re: Grand Theft and Scheme to Defraud!

Yes you need a lawyer and the letter will not get you a nolle prosse.

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Answered on 8/12/08, 8:24 pm


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