Q: Got booked and released for shoplifting at walmart. I was shopping with husband and kids I stole and concealed two items one in my bag and one in a cup I then went… Scroll down to read more!
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Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/got-booked-and-released-for-shoplifting-at-walmart-2151831.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO
2 lawyers agreed with this answer
Robert Jason De Groot
Criminal Defense Attorney – Deltona, FL
Charles K. Kenyon Jr.
Criminal Defense Attorney – Madison, WI
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Criminal Defense Attorney – Deltona, FL
Criminal Defense Attorney – Madison, WI
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.
As an aside, if you had been arrested for retail theft in Florida then you likely would also receive a letter in the mail from the retailer demanding that you pay them money as a civil penalty. If this happens in Florida then in order for the retailer 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) 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. Still, whether or not you pay them is both a personal and a civil, and NOT a criminal defense related, question.
All of that said, again I am not a SC lawyer and you are best advised to find a Summerville, SC area criminal defense lawyer, engage in a meaningful consultation and get yourself some advise which is legally sound and has been custom tailored to meet your needs in your case.
I hope that I have been helpful in answering your question.
Michael A. Haber
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Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney. 
DrNetta Shaked
July 26, 2017 - Thanks again. You are second to none when it comes to defending your clients. For that, I thank you
Leo Gonzalez
April 10, 2017 -
Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense
Chiko Sarri
April 11, 2016
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