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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111505
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I GOT ARRESTED FOR GRAND THEFT THIRD DEGREE FELONY IN MIAMI

Customer Question

I GOT ARRESTED FOR GRAND THEFT THIRD DEGREE FELONY IN MIAMI AT THE MALL.. THE TOTAL WAS 850$.. I DONT KNOW WHAT I WAS THINKING AND THIS IS MY FIRST OFFENSE.. I WENT TO JAIL FOR A NIGHT AND POSTED BOND.. IM AFRAID.. DO YOU THINK IT WILL BE DROPPED OR LESSENED IF I HIRE A GOOD LAWYER.. IM A WELL TO DO BUISNESS MAN .. JUST MADE A BAD MISTAKE..IM 31 AND NEED SOME PEACE OF MIND.. HIRED A GREAT ATTORNEY.. SCARED OF JAIL .. BUT IM IN MIAMI DADE COUNTY SO THEY SAY IM LUCKY.. PLEASE ANSWER WITH SOME EXPERIENCE.. :-) IM REALLY NOT A CRIMINAL AND SCARED TO DEATH OF JAIL.. REALLY APPRECIATE YOUR HELP.. CHRIS

Optional Information:
MIAMI DADE, Florida
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 8 years ago.
FIrst off, as a first offender with a clean record, your attorney would likely be able to at least work out some sentence that does not include jail time. The courts generally do not like to put first offenders in jail for things like this (shoplifting) and many times a skilled criminal attorney will even be able to work out a deferred sentence to get the charges dismissed upon completion of the sentence. This also depends upon the relationship the attorney has with the prosecutors and with the court. Also, the attorney should also be able to make a deal with the store itself and may be able to convince them to not prosecute the case in exchange for your payment of expenses to the store. While the 3rd Degree felony for grand theft sounds serious to those not previously involved in the system, but under the FL laws, there is no minimum sentence for a 3rd degree felony and the maximum sentence is only 5 years, which means a first offender of a non-violent crime is more likely than not going to only get a probationary sentence without any jail time at all.


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Customer: replied 8 years ago.
IS IT POSSIBLE FOR NO PROBATION AND EXPUNGEMENT?
Expert:  Law Educator, Esq. replied 8 years ago.
Florida has limited expungement options for people who were convicted of offenses. It permits expungement where the charge is dismissed, nolle prossed, or results in acquittal, as long as the applicant has not been found guilty of a subsequent offense. It permits criminal records to be sealed where there is no "adjudication of guilt", such as where a defendant receives a delayed disposition. But it does not appear to offer similar remedies following conviction. Thus, if you can get a dismissal or a Nolle Prossequi as part of your deal, then you can get an expungement, if not, you would have to seek a pardon from the governor's office and then seek the expungement.
Customer: replied 8 years ago.
THANK YOU
Expert:  Law Educator, Esq. replied 8 years ago.
You are welcome.

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