Regarding Charges

1 Answers. Asked on Feb 21st, 2017 on Criminal Law - Florida
More details to this question:
My cousin is a permanent Resident - 17 years ( Diagnosed with Kleptomania ) originally from India . Her husband and kids are citizens, Her parents brothers and sisters are citizens. She has 4 misdemeanors 1) 2003 - Dismissed by the Judge 2) 2012 - Nolle Prossequi - Successfully Completed pretrail intervention 3) 2014 - First Degree misdemeanor adjucated Guilty Nolo Contender 4) Now she has one more Peti theft ( Shoplifting ) first degree charges have been filed and court date has been set. She is back on medication for her kleptomania and more rigorous treatment. we have following questions 1) Is there a legal way to ask the merchant and the state to drop the charges? 2) Is there a chance she gets jail time 3) How severe is the suitution
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Answered on Feb 22nd, 2017 at 9:16 AM

In response to your specific questions: (1) in Florida a defendant's attorney is allowed to talk to an alleged victim with regard to whether it wants to continue to pursue the charge -- the defendant's attorney also is allowed to try to persuade the state to drop a criminal charge (although that is more unlikely to occur if the defendant previously had a charged dropped or sent through a diversion program and the criminal defense attorney should already be aware of theproceudre for doing this; (2)  a defendant is faced with potential jail time if convicted of a theft (no matter how petty) -- and the likihood of a jail sentence usually increases with the defendant's prior record even if the offense went through a diversion program; (3) to know how severe a situation is, an attorney has to know much more about a case and defendant -- but any time a person is charged with a criminal charge, the situation, in my opinion, is severe.  I recommend you contact an attorney to provide legal representation -- or, if you are unable to hire an attorney, the defendant, in my opinion, needs to ask for an attorney (Public Defender) to be appointed by the court.   

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