QUESTION

I have no prior record and caught a grand theft 3rd degree charge in florida. Will I be able to stay out of jail and just get probation?

Asked on Apr 14th, 2020 on Criminal Law - Florida
More details to this question:
I currently take care of my 3 grandkids which is why I did what I did. That does not excuse my behavior. I really need to stay out of jail. This is my very first charge period. Nothing else on my record. Do you think I will be granted probation?
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2 ANSWERS

False Arrest Attorney serving Fort Lauderdale, FL at Gary Kollin, P.A.
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You will most likely either receive probation or a diversion program.  You can google diversion prograns and also in your county
Answered on Apr 19th, 2020 at 7:04 PM

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Criminal Law Attorney serving Bartow, FL
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The disposition (i.e., sentence or final outcome) of your case is likely to vary depending on where (i.e., which county) the grand theft occurred.  In the county where I primarily practice, there is a possibility (but certainly no guarantee) that your attorney might be able to persuade the state to refer your case to a deferred prosecution program.  If you complete the program successfully (including satisfying all financial obligations that were conditions of the deferred prosecution program), the case could be dropped by the state.  Generally before agreeing to refer your case to such a program, the prosecutor will check with the alleged victim to make sure he/she doesn't object to such an outcome. If the alleged victim objects, you have options of plea bargaining (or pleading straight up -- which usually is not a preferred option) or going to trial.  If you decide to plea bargain, generally the prosecutor in my county would offer 18-24 months of probation since you have no prior record.  However, there would be numerous conditions of probation.  So you need to discuss any offer in great detail with your attorney.  I do not recommend representating yourself -even if you think the state will agree to probation.  There are numerous repercussions (in addition to conditions of probation) that you need to know -- and you may not realize or understand if you try to represent yourself.  If you do not have sufficient funds to retain a private attorney, you need to let the judge know that before you proceed to do anything in court.  Assuming the court agrees that you have insufficient income or assets to hire an attorney, the judge will appoint an attorney to represent you.         
Answered on Apr 14th, 2020 at 2:25 PM

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