BeachSide321FL
Member
I lost my job, didn't know how to pay rent, freaked out, made a horrible decision after having some alcohol in me, and attempted to steal $430 worth of items from a walmart consisting of a printer, toner for the printer, and lastly a Keurig coffee maker. This is about $100 over the misdemeanor line.
I was charged with grand theft - a Third Degree Felony in the state of FL.
I have been arrested 3 times prior to this for misdemeanor possession of cannabis during my 28 years on this earth. Because of these priors, I am looking at 4 months in jail or 16 months felony probation and 50 hours community service as of now. I also have to pay the city Police Department $200 for the "investigation" and I have to pay walmart in a civil case. I do have a lawyer, for the first time. I figured facing a felony I should get a lawyer no questions asked.
I went to court on 02/12 (so about 3 weeks ago) for my "case management conference". It was weird, the lawyers or public defenders would go in the court room and the offenders stayed outside of the door. My attorney was in another county in court for another case so another attorney from the firm represented me. So her only job really was to go in the room and find out what the DA is offering me and if I wanted to I could go ahead and plead guilty, but now that we have the offer my lawyer then negotiates with the prosecutor for a better deal.
The judge told the attorney from the firm that I can't plead no contest due to the fact that I admitted to the crime. The judge also did not care whether or not adjudication is withheld once I complete the terms, meaning we should be able to ask for adjudication to be withheld. When I was in the back of the police car, instead of keeping my mouth shut as I usually do; the police officer asked me why I did what I did. I just blurted out "I just lost my job... and made a bad decision." This is in the police report of course. So it's kind of like I'm being punished for being honest...
Anyways I'm most likely going to choose jail instead of felony probation. On probation it's scary because I could get into much more trouble if I violate that probation. For example if I do the probation, get arrested for misdemeanor possession of cannabis - I will go to jail with no bond and serve the 4 months plus whatever the judge wants to tack on for the cannabis charge. It is also expensive. I believe on felony probation where I live you see a probation officer once a week - you pay each week and also take a drug test. If you fail the drug test you go straight to jail, even on regular probation.
I'm super depressed. A friend I've known for 16 years will no longer speak to me. I don't think she will ever speak to me again. She questioned my morals and values and naturally I got offended and then apologized and explained that I pride myself on my morals and values and if I could I would have my own fucking flag to represent them. It's really bothering me and making the depression worse. I'm not a thief. I guess I can't say that anymore. I grew up despising thieves and I would NEVER steal from family, friends, ANYONE. I was just in a really bad situation and made a really really bad decision that I will regret for the rest of my life. I chose walmart because it's walmart. No one got hurt financially from what I did. They have everything back - the police officer was waiting for me as I tried to exit with a gun in my face. I also have to pay walmart in a civil case, it's actually around $1000 now - and will continue to go higher until I can afford to make some kind of a payment. They are making money off of the crime I committed.
Fortunately I have a loving family who supports me, and a small circle of close friends that will remain close friends as I've come clean with everyone right away. I'm a really honest person and I know what I did was dishonest. I made a mistake and I'm paying for it in plenty of ways before I even go to jail.
I don't know if this is the right place to post this, so I apologize if it's not. If anyone actually read this far - I appreciate you taking the time to do so. Any comments, questions, advice, anything is appreciated. I've never felt so disappointed in myself and depressed. I really needed that friend to stay in my life, she's a good person and has her own family now. I guess I'm just a scumbag to her.
Below I copied from a law firms website what exactly withhold of adjudication means and how it will affect me. I talk to my lawyer on Friday 03/07, tomorrow. He will then tell me what he was able to negotiate and basically what I paid him for. I'm thinking it will basically be the same offer, just reduced. So maybe 3 months in jail instead of 4 or 12 months felony probation and community service. I will post an update after I talk to him if anyone actually reads this. I should have spoke to him last week, but I couldn't afford to pay him. I'm just barely scraping by.
"A withhold of adjudication is not a conviction. A withhold is a term used in sentencing in which the judge orders some sanctions, but does not formally convict the defendant of a criminal offense. Therefore, the defendant does not receive the consequences from a conviction in a criminal case. A withhold is usually granted when a defendant is facing a first misdemeanor or felony conviction. In some cases a judge may withhold adjudication even if the defendant has prior convictions or withholds. No, the charge is not dropped; only the State Attorneys Office can drop the charge. This is not the same. Instead, adjudication of guilt is withheld and there is no conviction. Having a criminal charge withheld is a good alternative to a conviction. People who receive a withhold generally do not have to report the incident on employment applications if the question on the application is phrased, Have you ever been convicted of a crime? Ethically, the person can respond with a no answer. The ability to honestly such a question can make all the difference in the world in a search for your next job. A felony conviction can cause numerous problems for your future. One of these problems, may prevent a person from the right to own a firearm. But, if a felony conviction is withheld, you may still retain the right to possess a firearm. You also dont lose your civil rights, such as the right to vote and the right to serve on a jury.
If a question on a job application asks if you have ever been arrested or charge as a defendant in a government proceeding then you would still have to answer yes.
Third degree felonies may be withheld. If the defendant has a prior withhold of adjudication for a felony, however, the court may not withhold adjudication unless one of the two same conditions are met. A defendant with two or more prior withholds may not obtain a withhold of adjudication of any felony."
I was charged with grand theft - a Third Degree Felony in the state of FL.
I have been arrested 3 times prior to this for misdemeanor possession of cannabis during my 28 years on this earth. Because of these priors, I am looking at 4 months in jail or 16 months felony probation and 50 hours community service as of now. I also have to pay the city Police Department $200 for the "investigation" and I have to pay walmart in a civil case. I do have a lawyer, for the first time. I figured facing a felony I should get a lawyer no questions asked.
I went to court on 02/12 (so about 3 weeks ago) for my "case management conference". It was weird, the lawyers or public defenders would go in the court room and the offenders stayed outside of the door. My attorney was in another county in court for another case so another attorney from the firm represented me. So her only job really was to go in the room and find out what the DA is offering me and if I wanted to I could go ahead and plead guilty, but now that we have the offer my lawyer then negotiates with the prosecutor for a better deal.
The judge told the attorney from the firm that I can't plead no contest due to the fact that I admitted to the crime. The judge also did not care whether or not adjudication is withheld once I complete the terms, meaning we should be able to ask for adjudication to be withheld. When I was in the back of the police car, instead of keeping my mouth shut as I usually do; the police officer asked me why I did what I did. I just blurted out "I just lost my job... and made a bad decision." This is in the police report of course. So it's kind of like I'm being punished for being honest...
Anyways I'm most likely going to choose jail instead of felony probation. On probation it's scary because I could get into much more trouble if I violate that probation. For example if I do the probation, get arrested for misdemeanor possession of cannabis - I will go to jail with no bond and serve the 4 months plus whatever the judge wants to tack on for the cannabis charge. It is also expensive. I believe on felony probation where I live you see a probation officer once a week - you pay each week and also take a drug test. If you fail the drug test you go straight to jail, even on regular probation.
I'm super depressed. A friend I've known for 16 years will no longer speak to me. I don't think she will ever speak to me again. She questioned my morals and values and naturally I got offended and then apologized and explained that I pride myself on my morals and values and if I could I would have my own fucking flag to represent them. It's really bothering me and making the depression worse. I'm not a thief. I guess I can't say that anymore. I grew up despising thieves and I would NEVER steal from family, friends, ANYONE. I was just in a really bad situation and made a really really bad decision that I will regret for the rest of my life. I chose walmart because it's walmart. No one got hurt financially from what I did. They have everything back - the police officer was waiting for me as I tried to exit with a gun in my face. I also have to pay walmart in a civil case, it's actually around $1000 now - and will continue to go higher until I can afford to make some kind of a payment. They are making money off of the crime I committed.
Fortunately I have a loving family who supports me, and a small circle of close friends that will remain close friends as I've come clean with everyone right away. I'm a really honest person and I know what I did was dishonest. I made a mistake and I'm paying for it in plenty of ways before I even go to jail.
I don't know if this is the right place to post this, so I apologize if it's not. If anyone actually read this far - I appreciate you taking the time to do so. Any comments, questions, advice, anything is appreciated. I've never felt so disappointed in myself and depressed. I really needed that friend to stay in my life, she's a good person and has her own family now. I guess I'm just a scumbag to her.
Below I copied from a law firms website what exactly withhold of adjudication means and how it will affect me. I talk to my lawyer on Friday 03/07, tomorrow. He will then tell me what he was able to negotiate and basically what I paid him for. I'm thinking it will basically be the same offer, just reduced. So maybe 3 months in jail instead of 4 or 12 months felony probation and community service. I will post an update after I talk to him if anyone actually reads this. I should have spoke to him last week, but I couldn't afford to pay him. I'm just barely scraping by.
"A withhold of adjudication is not a conviction. A withhold is a term used in sentencing in which the judge orders some sanctions, but does not formally convict the defendant of a criminal offense. Therefore, the defendant does not receive the consequences from a conviction in a criminal case. A withhold is usually granted when a defendant is facing a first misdemeanor or felony conviction. In some cases a judge may withhold adjudication even if the defendant has prior convictions or withholds. No, the charge is not dropped; only the State Attorneys Office can drop the charge. This is not the same. Instead, adjudication of guilt is withheld and there is no conviction. Having a criminal charge withheld is a good alternative to a conviction. People who receive a withhold generally do not have to report the incident on employment applications if the question on the application is phrased, Have you ever been convicted of a crime? Ethically, the person can respond with a no answer. The ability to honestly such a question can make all the difference in the world in a search for your next job. A felony conviction can cause numerous problems for your future. One of these problems, may prevent a person from the right to own a firearm. But, if a felony conviction is withheld, you may still retain the right to possess a firearm. You also dont lose your civil rights, such as the right to vote and the right to serve on a jury.
If a question on a job application asks if you have ever been arrested or charge as a defendant in a government proceeding then you would still have to answer yes.
Third degree felonies may be withheld. If the defendant has a prior withhold of adjudication for a felony, however, the court may not withhold adjudication unless one of the two same conditions are met. A defendant with two or more prior withholds may not obtain a withhold of adjudication of any felony."
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