So was I techinically "arrested" for a crime?

[Ali6996]

techinically "arrested" for a crime (petty theft)?

What is the name of your state? FL

Back in October I was caught shoplifting. First offense ever. Stupid, yes I know. I stole face cream ($7.00), just to see if i could because I had never stolen anything and I regretfully wanted to see if I could get away with it.
I know petty theft is a misdemeanor, therefore a crime int he state of FL.
Anyway, i was not taken to jail but, when I was caught, they brought me into a room, called the sheriff and then let me go. I had to sign a paper saying I was aware Publix can file charges against me and that I could possibly be fined.
Their lawyers have contacted me to pay fees to Publix. And sent a second notice as well. I never did. A lawyer friend of mine told me not to and that they won't go through with the charge.
Since I have not paid, they have not contacted me back. I have not been to court. I have not had to do anything else.
So, my question, does this mean, despite not having to go to court, I was still arrested on paper? (I have to answer this question on a very important form and i want to be honest, hopefully the honest answer is a no.)
Or would they have to have taken me to court to get a verdict, something else, etc...?
I really don't want to put yes, obviously, on this form that I have been arrested. Especially for such an insignificant thing. The fault is entirely mine, but I am hoping it's not defined as an arrest.

And my second question is, how do I go about to see if i do have a record. Do i have to go to the court house of the county it happened in? Is there a number to call?
Thank you
Ali

 

[seniorjudge]

Yes, you were arrested for a crime. (I do not know what you mean by "techinically"; the whole law is nothing but a mass of technicalities.)

Anyway, if your freedom of movement was interrupted by the cops, then that is an arrest.

"...And my second question is, how do I go about to see if i do have a record. Do i have to go to the court house of the county it happened in?..."

Yes; go to the courthouse to see if there is a charge against you.

 

[ENASNI]

jeesh

Winona


Go back West Young Woman
Hollywood misses you.

 

[Ali6996]

Thanks senior judge. My freedom was interrupted. This sucks, obviously. If there is no record of it, I am asking because a month after it happened i did go down to the court house and they said no one ever filed, can i then check "no" when it asks if I have even been arrested. I will call/go down again tomorrow.

Winona


Go back West Young Woman
Hollywood misses you.

what?? i missed the point of your reply.
~Ali

 

[cdkelley]

I am asking because a month after it happened i did go down to the court house and they said no one ever filed,

This doesn't mean that you won't be charged with it eventually.Check into what the statue of limitations is in your state pertaining to your type of case.The statute may be 2 to 3 years or more in some states depending on the crime.
This means that say the statute of limitation on 1st offense misdemeanor petty theft is 2 years in your state(this is only an example)The D.A.'s office could still file & the sherrif could come out to where you live in 1 year & 364 days & arrest you on charges they decided to file.
I'm not saying they will,I'm just letting you know what you could be in for.
I suggest that you take whatever advice your attorney suggests.

Ali Asks:
can i then check "no" when it asks if I have even been arrested ?

If you read the question on whatever paper that you are refering to, it should read as follows:
Have you ever been arrested & convicted of a crime?
or:
Have you ever been convicted of a felony crime?
(At least this is suppose to be the wording in general)

By law you only have to put down convictions, not arrests, & it's only felony convictions that you have to answer about.Even if you have been arrested on felony charges & the case was still pending in court,until it's over & you are formally convicted (found guilty)you could still answer no to that question.
I am posting this from my own experiences,because I've been where you're at (& even farther then that!)But I have a bit of advice to suggest,& I really mean this in no manner of meaness or judgment towards you in any way...
But I noticed at the end of your original post you said:.

,"Especially for such an insignificant thing. The fault is entirely mine, but I am hoping it's not defined as an arrest."

Saying that your actions were insignificant(even though you admit to it being your fault)sounds as if you really think that your action was just that -insignificant.If you keep this thought in the back of your mind then you are most likely headed towards a shakie future.The action WAS VERY SIGNIFICANT! Just because you claim fault does not make what you did over & fixed.You should realize that what you did is wrong & go about working out why you did this in the first place.Because the next time it won't just be a citation that you'll be signing,it will be booking paperwork at the local county jail on felony charges.Learn a good lesson now & there won't be a next time.
Good Luck & God Bless!

 

[seniorjudge]

Thanks senior judge. My freedom was interrupted. This sucks, obviously. If there is no record of it, I am asking because a month after it happened i did go down to the court house and they said no one ever filed, can i then check "no" when it asks if I have even been arrested. I will call/go down again tomorrow.


what?? i missed the point of your reply.
~Ali

Winona Ryder

 

[CdwJava]

Try this site:

http://www.fdle.state.fl.us/CriminalHistory/

- Carl

 

[Ali6996]

Saying that your actions were insignificant(even though you admit to it being your fault)sounds as if you really think that your action was just that -insignificant.If you keep this thought in the back of your mind then you are most likely headed towards a shakie future.The action WAS VERY SIGNIFICANT! Just because you claim fault does not make what you did over & fixed.You should realize that what you did is wrong & go about working out why you did this in the first place.Because the next time it won't just be a citation that you'll be signing,it will be booking paperwork at the local county jail on felony charges.Learn a good lesson now & there won't be a next time.
Good Luck & God Bless!

Thank you very much for your response. But I would like to make something clear that maybe i didn't in my post. I didn't mean I think my actions were insignificant. I don't think that at all. my actions were huge and are currently having a huge bearing on my life. I meant that what I stole was very insignificant. it was worth 7-9 dollars. I don't remember.

Anyway sad to say i am studying poli sci and legal studies in school and i didn't realize being convicted doesn't mean the same thing as being arrested.

To give you an update of what is going on... They have filed my case and there was a problem. The sheriff who wrote my address, wrote it incorrectly and it was returned according to the lady at the circuit court when i called earlier this week. She told me to fax the judge what happened. i called her back today and she told me it was in review with the judge but he has been in court all day and to keep calling back. She was very helpful and nice and told me that i am taking the right steps( i think she was trying to make me feel better)

You know, i didn't realize this could happen from stealing someting worth a small amount. i thought (when i was stealing) that the worst that could happen was a little slap on the hand such as i would be banned from the store.

So did i read what you wrote correctly. I can put "no" on the form. The questions are (on the form i am filling out ):

Have you ever been arrested for a crime: Yes No __
If yes, what charge?
Date of arrest:
Where?
Date of disposition:
What was your plea?
What was the outcome?

Are you sure I can put no? i seem to be getting different answers from different be. I think i was arrested.. just there hasn't been a plea, outcome, etc... yet

What if i am convicted? then they'll check after i already sent in my forms. In my head I am thinking i am 19 and now i am going to have this on my record for life. never get a job, never get to go to law school when they check my background as well, etc... So far, though, it is teaching my a huge lesson. I just wish I would have made this mistake years ago. i waited all through middle school and highschool to decide now's a good time to try and get away with stealing!

Thank you again for your fair post. I really appreciate it.

 

[cdkelley]

Ali,look in your inbox. I sent you a message