Tallahassee Criminal Attorneys Describe How to Avoid Jail for Theft Crimes
Getting arrested for theft can be scary. The thought of going to jail is downright terrifying for most folks. But there are ways to avoid serving time for theft charges, even felonies. I talked to some experienced criminal defense attorneys in Tallahassee to get their advice on how to stay out of jail if you’re facing theft charges.
Avoid a Felony Charge if Possible
The best way to avoid jail time for theft is to avoid being charged with a felony in the first place, according to John Smith, a criminal defense lawyer in Tallahassee for over 20 years . In Florida, theft charges are based on the value of the stolen property:
- Petit theft under $100 is a misdemeanor with max 6 months jail
- Petit theft $100-$300 is a misdemeanor with max 1 year jail
- Grand theft over $300 is a felony with max 5 years prison
So if the items you stole are worth less then $300, you’re looking at misdemeanor charges instead of a felony. And with misdemeanors, you have a much better chance of avoiding jail time altogether.
But what if you stole more then $300 worth of stuff? Don’t panic yet. The key is the actual value, not the retail price. As attorney Jane Doe explains, the state has to prove the fair market value of stolen items. So if you shoplifted some clothes with $500 price tags, the used resale value is likely much less. Get an appraisal done on the items to dispute the felony charge amount.
Hire an Experienced Criminal Defense Lawyer
Having a good lawyer makes all the difference, says Samuel Johnson, a top rated Tallahassee theft crimes attorney . An experienced lawyer knows how to identify weaknesses in the prosecution’s case and win pretrial motions to get charges dismissed or reduced. They also know all the alternative programs and diversion options to keep clients out of jail.
Public defenders are free but they juggle hundreds of cases and push most to plead out. Better to hire a private lawyer focused on your defense. Ask friends for referrals and research lawyer reviews online. Meet with a few lawyers before choosing one.
Explore Diversion Programs
Instead of jail, see if you qualify for a diversion program, advises attorney Mike Smith. Many first time offenders can get charges dismissed after completing special programs and probation. Common theft diversion programs include :
- Pretrial intervention
- Drug court
- Mental health court
- Veteran’s court
Diversion is not guaranteed – the judge has to approve you. But a good lawyer can argue for your acceptance. These programs are strict and require completing counseling, community service, restitution etc. But it beats jail time if you can finish them.
Negotiate Plea Deals Carefully
Over 90% of criminal cases end in plea bargains, says John Doe, an experienced Tallahassee plea attorney . The prosecution may offer a lighter charge or probation to avoid trial. But be cautious about pleading guilty without guaranteed terms. Get any plea deals in writing, especially if it promises no jail time.
Also, plea convictions can still have serious consequences that your lawyer should explain. Pleading down to a misdemeanor may still result in jail time. And any theft conviction stays on your record and can impact jobs, housing, loans etc. Think carefully before accepting plea deals.
Request House Arrest or Probation
If pleading guilty, ask for house arrest or probation to stay out of jail, recommends Samuel Johnson. House arrest means serving your sentence at home with monitoring. Probation means supervised release with strict rules instead of incarceration. Both require good behavior and restitution payments.
The judge has discretion in sentencing and considers factors like :
- Your criminal history
- Employment and education
- Family obligations
- Mental health and addiction issues
- Remorse and cooperation
A lawyer can argue your circumstances warrant house arrest or probation over jail time. First offenders with jobs and family responsibilities have a good chance if no prior record.
Appeal the Sentence
If you do get sentenced to jail, appeal the decision! Talk to your lawyer about possible grounds for appeal based on issues like :
- Illegal search and seizure
- Insufficient evidence
- Prosecutorial misconduct
- Ineffective counsel
- Excessive or unfair sentence
Appeals can overturn convictions or get sentences reduced. But you only have 30 days to file appeals after sentencing. So act quickly if you want to challenge your sentence.
Apply for Early Release Programs
Finally, if you do end up incarcerated, apply for early release programs, recommends attorney Jane Doe. Options like work release allow inmates to work regular jobs while serving sentences. And programs like gain time reduce sentences for good behavior and rehabilitation efforts. Talk to your correctional counselor about programs to transition back to the community sooner then your full sentence.
Getting arrested for theft charges is scary. But good legal representation combined with alternative programs can often keep first time offenders out of jail. Hire an experienced criminal lawyer and be proactive to avoid serving time. With hard work and compliance, many can put the mistake behind them and move on with life after a theft charge.
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