Thursday, January 7, 2016

What do you do when you are Paper Arrested for Petit Theft / Shoplifting at Target? ~ Chosen as "Best Answer" by Asker on AVVO~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:    What do I need I need to do correct this and have any charges dismissed?  I was with my wife in Walmart and used the self-check-out and several items did not scan. I was stopped by store security, the police were called, and I was not arrested but given a N.T.A (notice to appear?) and charged with violation of F.S. 812.014 (3)(A).  What do I need to do and how serious is this offense? How can I fight it? Please advise!

A:     Chosen as "Best Answer" by Asker on


Best Answer
chosen by asker
Answered You were arrested. You were just "paper arrested". (You may want to watch my short Webisode on the difference between arrest a and prosecutions. It will explain it plainly as well as your options. If so then a link follows... Please see: ).

That said, if this is your first offense then it is almost certain that you will be eligible for a diversionary program.

Diversion is a program which is designed to make you think twice about future criminality by way of making you jump through a series of proverbial hoops during a period of supervision, successful completion of which results in a dismissal. The program is owned and operated by the State Attorney's Office and they have absolute and unequivocal discretion as to whether to admit you, keep you or "graduate" you from their program.

Knowing that, the question now is whether or not diversion is right for you. There may or may not be viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges without going through diversion.

The best way for you to get competent advise is going to be to have a face-to-face meeting with a criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police reports and citations and then offer an informed opinion.

Please take a look at both Avvo Legal Guide and my YouTube Webisode on Diversion in Florida. They both contain a great deal of information on the subject and should be helpful to you. For your convenience a links to both follow:

Michael A. Haber, Esq.'s AVVO Legal Guide on Pre-Trial intervention / Diversion: What is it and is it right for me? -

Haber PA's YouTube Webisode on Diversion In Florida YouTube Webisode -

As an aside, you may also receive a letter in the mail from the retailer demanding that you pay them money as a civil penalty. If this happens then you should know that in order for them to get the civil penalty they have to be able to prove (by clear and convincing evidence) that they were injured by your theft. The statute authorizing the civil demand (see F.S. 772.11 - a link appears below ) permits a retailer to seek a minimum of $200 in damages, but to do so they have to first file a civil lawsuit, which will cost them hundreds of dollars just to file, and then many more to prosecute. Their demand letter to you is essentially an offer to settle a potential civil lawsuit for $200.00, a lawsuit which has not yet, and which may never be, filed.

That said, whether or not you pay them is both a personal and a civil, and NOT a criminal defense related, question.

Please see: FS 772.11 - Civil Theft /

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.  

At Michael A. Haber, P.A. "Its all about reasonable doubt"!

Michael A. Haber, Esq. is prepared to speak with you about your case!

Cell: 305-798-2220; Office: 305-381-8686; Toll Free: 1-888-SHARK-8-1


#Webisode #YouTube #VideoFAQ #AVVO #HaberPA #Arrest #Arrested #CriminalLawyer #CriminalLaw #CriminalDefense #CriminalDefenseLawyer #MiamiCriminalDefenseLawyer #CriminalDefenseAttorney #MiamiCriminalDefenseAttorney #CriminalAttorney #DUI #DWI #DrivingUnderTheInfluence #BUI #BoatingUnderTheInfluence #DomesticViolence #DV #DVRO #DomesticViolenceRestrainingOrder #Seal #Expunge #Sealing #Expungement #CriminalRecord #CriminalHistory #PSA #PublicServiceAnnouncement #Theft #PetitTheft #Larceny #Shoplifting #Target #PaperArrest #PTA #NTA #PromiseToAppear #NoticeToAppear 

No comments:

Post a Comment