Grand larceny VS other theft crimes: What you need to know

Theft comes in many different forms, but every specific form shares the same general characteristic: the thief acts with an underlying intent to take property from its rightful owner.

The State of Maine has a wide range of categories for the various types of theft which can occur. These types of theft differ in terms of severity, and consequently differ in terms of the possible punishments which can be imposed. The same kind of theft can also be more severe when the value of the underlying stolen property is greater.

When it comes to the severity of theft crimes in Maine, grand larceny is the most serious type of theft crime, and carries the highest possible punishments, as we will discuss.

In this post, we’re going to dive into the details of grand larceny, as well as the other theft offenses here in Maine.

We will look at some of the more unusual or uncommon forms of theft – such as insurance theft, or theft by deception – and also some of the more familiar forms, such as shoplifting (or basic larceny). Theft charges are not something to be taken lightly.

If you’ve been charged with any type of theft, you should procure a capable criminal defense lawyer right away. This is doubly true if the charge is grand larceny. Some theft offenses may carry relatively minor punishments, depending on the circumstances, but other offenses can carry very stiff penalties.

If you need assistance, or need additional information, contact The Maine Criminal Defense Group.

Grand Larceny in Maine

As mentioned, Maine law organizes different theft crimes by degree of severity. The most severe form of theft is grand larceny. A charge of grand larceny may be made when someone steals property valued at over $10,001 or higher, or if the stolen item is either a firearm or explosive device.

Because grand larceny is the most severe form of theft, this crime naturally carries the harshest possible punishments (see below). Grand larceny is defined wholly by the value or type of the stolen property.

Other Theft Offenses in Maine

Theft by unauthorized taking or transfer

Below the crime of grand larceny, there is simple or basic larceny or unauthorized theft by taking. As with grand larceny, basic larceny is defined by the value of the property involved, and in Maine law this means anything $10,000 or less.

Readers should be aware, however, that basic larceny is still broken down into different levels based on severity. Larceny involving property valued between $1,001 to $10,000 qualifies as a Class C crime, and anything between $500 to $1,000 qualifies as a Class D crime.

If the theft involves property valued at less than $500, then the crime qualifies as a Class E crime. Classic larceny is the type of crime which everyone is familiar with: shoplifting, car theft, jewelry theft – these are all examples of basic larceny.

The underlying concept is that the perpetrator willfully took property which he or she knew belonged to someone else.

Importantly, the manner in which the theft occurs can exacerbate the severity of the offense. If the perpetrator wields a gun, or brandishes a knife, then the crime can be bumped up to a Class B crime.

Theft by Deception

In addition to classifying theft crimes by severity, Maine also organizes theft crimes according to how exactly the crime unfolded. Maine classifies “theft by deception” as an act which is intended to deceive someone via false impression or representation for the purpose of extracting property.

A good example of this type of crime would be “phishing,” whereby a thief attempts to extract property from someone by falsely portraying himself or herself as a legitimate company or entity.

When it comes to severity, this crime can range from the lowest to the highest, depending on value of the item or items stolen.

Insurance Theft / Insurance Deception

This one should be familiar to most people. In Maine, “insurance theft” is defined as any of the following acts:

1. Deliberately falsifying an insurance policy application (i.e. putting down false information),
2. Using false information to obtain a certain insurance rating,
3. Using false information regarding an insurance payment,
4. Using false information to state an insurance claim, or
5. Using false information to affect premiums paid on an insurance policy. Just as with theft by deception, the punishments for this crime vary depending on the severity of the offense, and the severity is measured by the value of property stolen.

Extortion

Maine law classifies “extortion” as either of the following acts:

1. A threat by one person to inflict physical harm in the future against a person or piece of property for the purpose of extracting property, or
2. An act which wouldn’t benefit the actor, but would cause harm to another person for any reason, such as career damage, reputation loss, financial standing, personal relationships, business relationships, and so forth.

In this latter form, extortion is essentially interchangeable with the commonplace definition of “blackmail,” whereby a person threatens to do something simply in order to compel another person to do a specific thing.

In this context, however, the threat is used specifically to extract property, and so it is a theft crime. Extortion is classified as a Class C crime.

Mistakenly Delivered Property / Lost Property

This is a type of theft which we’ve seen more and more frequently following the advent of online banking. Maine law defines theft by “mistaken delivery” as a situation in which someone receives property, and that person knows that the property was mistakenly delivered to them, and then subsequently fails to make reasonable efforts to return the property.

Consider a common example: a person suddenly receives a large deposit into their bank account via online transfer. The deposit was a mistake by a bank clerk. The recipient begins spending the mistakenly delivered funds immediately without first attempting to correct the mistake.

This offense can also run the full spectrum in terms of severity.

Theft of Services

Theft of services occurs when someone avoids or refuses payment for services which were rendered because of a voluntary agreement. A good example of this type of theft would be the following: a person requests a haircut from a barber and assures the barber about his or her ability to pay.

Then, after the service is rendered, the recipient avoids payment. This type of crime can be anything from a Class E offense to a Class B offense, depending on the magnitude.

Receiving Stolen Property

Technically, this offense isn’t actually theft, but it is still a punishable offense in the State of Maine.

When someone receives stolen property, and then fails to take steps to return the property to its rightful owner, and either retains or disposes of the property, this person commits a punishable offense.

As with other theft related crimes, this offense varies in severity according to the underlying value.

Unauthorized Use of Property

Unauthorized use of property is another variation of theft. This type of offense is quite familiar: when a person willfully takes possession of another person’s property, this will count as unauthorized use.

This is common with vehicles (such as boats, motorcycles, cars, etc.) and other types of property, such as unreturned library books.

Possible defense to a theft crime in Maine

Defenses to charges of theft can vary widely in their specific approach, but all approaches tend to share a common feature: the defense basically argues that the accused perpetrator actually had a legitimate right to possess the property in question.

At its core, theft is basically the unapproved taking of another person’s property, and so the taker doesn’t have the legal right to possess the property. Legal rights to possession can be created, however, and so any argument which attempts to assert that such rights existed essentially constitutes a potentially viable defense to theft.

Consider an example: a person claims that someone stole his or her bike, but upon closer inspection, the bike was actually purchased by the alleged perpetrator. The claimant states that the perpetrator failed to pay an adequate amount, but the sale was made via a verbal contract wherein the buyer (and alleged perpetrator) paid a “reasonable amount” for the bike.

Just because the claimant believes that the deal was inadequate doesn’t mean that theft occurred. In this case, the alleged perpetrator had a legitimate right to the property.

Legal rights to property can be created in other ways, as well, such as a lease, rental agreement, consignment arrangement, temporary exchange of property, and so forth. Any invocation of one of these rights is a defense to a theft charge.

Another type of defense stems from the manner in which allegedly stolen property is obtained. For instance, if police search a person’s vehicle and find stolen goods, but the search itself was unconstitutional, then the evidence may be excluded in court. This type of defense doesn’t affirmatively assert a legal right to the property, but simply suppresses the underlying search which uncovered the property.

Consequences of grand larceny or theft charges in Maine

The possible punishments a person convicted of theft can face vary depending on the severity of the offense.

As we’ve referenced, the offenses range in severity from a low of Class E to a high of Class B.

For Class E offenses, the possible punishments include a maximum sentence of 6 months in jail and a maximum financial penalty of $1,000. For Class D offenses, the corresponding punishments are up to 1 year in prison and up to $2,000 in penalty fines.

For Class C offenses (remember this is for property valued at $1,000 to $10,000), the possible punishments include a maximum of 5 years in prison and a maximum penalty of $5,000. For Class B crimes, for property valued at over $10,000, the corresponding maximum punishments are up to 10 years in prison and a fine of up to $20,000.

Keep in mind, these possible punishments presume that the offense is a first offense. Second offenses can carry stiffer penalties even for the same crime.

Contact the Maine Criminal Defense Group for Help Now

As you can see, theft does indeed take a large variety of forms. But the various manifestations of theft all share a common thread. Simply put, whenever someone knowingly deprives another person of property, this will be classified as theft in one form or another. And if the form is novel, and Maine doesn’t have a current category or name for the theft, then Maine will simply invent a new category.

This is precisely what has happened in recent years with new forms of deception and thievery, such as the case with online banking mistakes, IRS refund check scams, and so forth. The core feature is always the same, and so Maine will always punish this type of behavior.

As mentioned, receiving a theft charge is no laughing matter. As we have seen here, a theft conviction can lead to serious consequences, particularly if the conviction is for a repeat offense.

If you’ve received such a charge, or you’re interested in learning more, reach out to the Maine Criminal Defense Group today by calling 207-571-8146.

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Page last updated on November 11, 2025

Maine OUI court process: A Comprehensive Guide

The OUI, DUI, DWI court process in Maine can be overwhelming, especially for individuals navigating the criminal justice system for the first time. In Maine, OUI (Operating Under the Influence) is the legal term for what many states refer to as DUI. Facing a criminal OUI offense means appearing before a judge is almost inevitable, making it critical to understand the steps involved.

Maine’s OUI laws are as strict as those in other states, and knowing how the court process unfolds can help reduce the uncertainty and intimidation that many defendants feel. For those accused, questions often arise about whether to plead guilty, the potential consequences, and how to regain their driving privileges.

In this guide, we provide a detailed look at the OUI court process in Maine to help defendants understand what to expect and how to prepare after being charged. Familiarity with the steps ahead can make all the difference in building an effective defense.

OUI traffic stops in Maine

Most OUI charges begin with a traffic stop. You can be pulled over and asked if you’ve been drinking if “signs of impairment” are observed or if you pass through a roadside sobriety checkpoint.

“Signs of impairment” include the failure to stay in lane, failure to engage a turn signal, driving too slow, swerving within the lane, and so on. This may provide reasonable suspicion that an offense has been committed, which the officer will look to corroborate by detecting other signs, such as smells of alcohol, bloodshot eyes, etc.

You may also be asked to perform a standardized field sobriety test (SFST). This is (allegedly) designed to test your level of impairment and you do not need to agree to the test (it cannot later count as a “refusal” for mandatory sentencing enhancement by a court).

If the officer has probable cause to believe that you are impaired, you will be arrested and taken to a local Maine police station for a chemical test.

OUI Blood, breath and urine testing in Maine

Chemical tests in Maine are blood, breath or urine tests that measure blood alcohol concentration (BAC). These have varying degrees of accuracy and must be performed according to specific procedures, or the evidence may be inadmissible.

In Maine, if you refuse a chemical test, you will be charged with OUI Refusal. This is treated much the same as an OUI conviction — but with even more severe mandatory minimum penalties, such as longer license suspension and longer jail terms.

OUI Arrest

Failing or refusing a chemical test will likely lead to your arrest. Your Miranda Rights may be read in certain circumstances and the best advice at this point is to say as little as possible — until you can speak to your OUI attorney. Simply provide the necessary personal information and avoid answering any further questions.

Background checks are made, and mug shots/fingerprints are taken. Your personal property will be seized, and you will be placed in a holding cell — usually for a few hours until your release while the police process your charges.

BMV hearing

If you are arrested, you will receive a notice from the Bureau of Motor Vehicles (BMV) warning you that your license will be suspended. Typically, you have 10 days following the date of suspension listed on the notice in order to request a hearing.  The hearing will determine whether or not you’ll be able to continue to drive or you will remain under suspension.  In some cases, such as when a driver refuses to take a chemical test, the driver will go under suspension on a date certain and remain under suspension unless his or her DUI attorney can win the BMV hearing.

Your attorney can represent you at your BMV Administrative Hearing. If you can demonstrate that the officer lacked probable cause to arrest you for suspicion of OUI, or you can show a problem with the reliability of the test result, your license will not go under suspension. However, the possibility of a criminal suspension of your license from an OUI conviction in the Maine courts will remain.

The arraignment

The arraignment is your first court appearance and during this hearing, a judge will read your charges and you can enter a plea. If you cannot afford to pay bail or bail conditions are objectionable, these issues can also be addressed at this time.

OUI pretrial motions and hearings in Maine

A pretrial hearing (Dispositional Conference) will be held.  Here, the District Attorney and defense counsel can negotiate a resolution of the case so that a trial is unnecessary, or a plea deal is arranged.

What is the purpose of the dispositional conference? (Video)

However, before a criminal case goes to trial, your criminal defense attorney may request a hearing on “pretrial motions”.  A common example is a motion to suppress evidence that was illegally obtained during a search and seizure.

This would lead to a hearing where a judge will rule on the motion. If the prosecution’s key evidence is declared inadmissible, it can greatly weaken the case against you, sometimes resulting in dismissal of the charges.

Finally, a docket call will take place prior to jury selection.  This is where they say, “the rubber meets the road”.  Docket call is where people who are ready for trial declare their intent to have their cases tried before a judge or jury.  Sometimes, due to weaknesses in one party’s case (state or defense), a last-minute plea deal may be reached.  If no plea deal is reached, you must be ready for jury selection and trial.

The trial

If no acceptable negotiated offer is forthcoming, the case will proceed to trial. The District Attorney will present evidence in an attempt to prove beyond a reasonable doubt that you are guilty of operating your vehicle while under the influence of alcohol and/or drugs.

Our defense team will defend you, cross-examining witnesses and presenting evidence to support your case. At the end of the trial, you will be found guilty or not guilty and released or sentenced accordingly.

Contact our Maine OUI DUI DWI lawyers for help

Your best chance of getting out of an OUI conviction and lifelong criminal record in Maine is to defend the charge with the aid of the best criminal legal counsel available.

Any OUI charge must be treated seriously by you and your legal team or you may suffer life-long negative consequences for your future.  Our legal team will examine the evidence from your case and scrutinize police procedures used to investigate and arrest you, with the aim of getting your case dismissed or getting you acquitted at trial.

If you need help defending an OUI charge, call The Maine Criminal Defense Group or contact us directly online for an initial case evaluation.

OUI Articles

Being arrested or detained is one of the most stressful experiences anyone can face. You may not know what’s happening, how long you can be held, or when you’ll get a chance to speak to a lawyer or see a judge. Understanding your rights and how long law enforcement can legally hold you without filing formal charges can make all the difference in protecting your freedom and your future.

The 48-Hour Rule: What It Means

Under both Florida and federal law, the police cannot detain you indefinitely without filing charges. After an arrest, law enforcement must bring you before a judge for what’s called a first appearance hearing, usually within 24 to 48 hours.

At this hearing, the judge will:

• Inform you of the charges (if any have been filed).
• Determine whether your arrest was supported by probable cause.
• Decide whether you can be released on bail or your own recognizance.

If prosecutors have not filed formal charges within that time frame and the court finds no probable cause, you must be released.

What Happens After You’re Released?

Even if you’re released after 48 hours because no charges were filed, your case isn’t necessarily over. Prosecutors in Florida typically have up to 21 days to decide whether to file formal charges after your arrest.

If the State Attorney’s Office chooses to pursue charges, you’ll receive a Notice to Appear or be re-arrested once the charges are filed. If they decide not to file charges (often called a “no file” or “nolle prosequi”), the case ends there.

This is why having a criminal defense attorney involved early,even before formal charges, can be critical. An attorney can often communicate directly with prosecutors, present evidence, or argue why charges shouldn’t be filed at all.

If You’re Detained Without Probable Cause

Sometimes, law enforcement detains individuals based on suspicion rather than solid evidence. However, probable cause, a reasonable belief that a crime has been committed, is required for an arrest. If you’re detained without probable cause:

• You cannot be held indefinitely “for questioning.”
• The police must either release you or obtain a warrant.
• Any evidence obtained during an unlawful detention can potentially be suppressed in court, weakening the prosecution’s case.

Unlawful detentions are a violation of your Fourth Amendment rights against unreasonable searches and seizures. An experienced defense lawyer can challenge these detentions and potentially have evidence or even the entire case thrown out.

Extended Detention: When Federal or Serious Charges Are Involved

While the 48-hour rule applies to most state-level offenses, federal cases or serious felony investigations can work differently. Federal agents may detain someone longer if they obtain judicial approval, and in some situations, such as terrorism or interstate crimes, detention rules are governed by federal law.

However, even in these situations, you still have constitutional protections, including the right to counsel and the right to remain silent.

Common Police Mistakes That Lead to Wrongful Detention

In Florida, several recurring issues can lead to unlawful or extended detentions:

• Relying on vague suspicion instead of probable cause.
• Holding suspects “for questioning” without clear legal authority.
• Delays in paperwork or failure to appear before a judge within 48 hours.
• Miscommunication between police and prosecutors about charges or warrants.

Each of these can violate your constitutional rights and may form the basis for a strong legal defense.

Real Example From Florida

In several Florida cases, including Williams v. State (2019), defendants successfully challenged their detention because they were held longer than 48 hours without a judicial determination of probable cause. In that case, the court reaffirmed that any detention beyond 48 hours without formal judicial review violates both state law and the Fourth Amendment, and that the person must be released immediately.

This precedent underscores the importance of knowing your rights and asserting them early.

Contact a Criminal Defense Attorney Today

In Florida, no one should be detained indefinitely without being charged. The law protects your right to a timely hearing, to counsel, and to be free from unlawful detention. Still, these rights mean little if they’re not exercised and that’s where having an experienced defense attorney on your side matters most.

If you or someone you care about is facing criminal charges, it’s important to get skilled legal help as soon as possible. Criminal defense lawyer Russell A. Spatz of the Spatz Law Firm, PL, in Miami, Florida, has decades of experience handling serious criminal cases. Contact him at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.

Having a criminal record can follow you for years, affecting your ability to get a job, rent an apartment, apply for a professional license, or even volunteer at your child’s school. But in Florida, certain people may be eligible to seal or expunge their criminal records, giving them a much-needed second chance.

If you’ve ever been arrested or charged with a crime, it’s worth understanding what these processes mean, who qualifies, and how they can change your future.

Sealing vs. Expunging: What’s the Difference?

While the terms “sealing” and “expunging” are often used interchangeably, they are not the same under Florida law.

Sealing a Record

When a record is sealed, it is hidden from public view, meaning employers, landlords, and most background checks cannot access it. However, government agencies like law enforcement or the courts, can still see it under certain conditions.

Expunging a Record

When a record is expunged, it is physically destroyed, except for a confidential copy retained by the Florida Department of Law Enforcement (FDLE). This is the more complete form of relief, as it erases the public record of the arrest or charge altogether.

Both offer a powerful opportunity for a fresh start, but eligibility is limited and the process must be followed carefully.

Who Qualifies to Seal or Expunge a Record in Florida?

Not everyone with a criminal history qualifies. Eligibility depends on the type of offense, the case outcome, and your criminal history. To qualify for expungement or sealing, you generally must meet the following:

• You were arrested but never convicted (charges were dropped, dismissed, or you were acquitted).
• You have never been adjudicated guilty of the offense or any other criminal charge.
• You have never previously had a record sealed or expunged in Florida.
• The offense is not one of the crimes specifically prohibited from being sealed or expunged.

Crimes That Cannot Be Sealed or Expunged

Florida law (Fla. Stat. § 943.0584) lists certain offenses that are ineligible for expungement or sealing, even if adjudication was withheld. These include, but are not limited to:

• Sexual offenses (e.g., sexual battery, lewd acts)
• Homicide or manslaughter
• Kidnapping
• Child or elderly abuse
• Robbery or carjacking
• Arson
• Drug trafficking
• Certain acts of domestic violence

In other words, if the offense is considered violent or serious in nature, it likely cannot be sealed or expunged.

How the Process Works

Applying to seal or expunge a record in Florida involves several steps, and accuracy is crucial:

1. Obtain a Certificate of Eligibility:
   You must apply through the Florida Department of Law Enforcement (FDLE) to verify that you qualify. This includes fingerprinting, submitting a certified copy of your case disposition, and paying a fee.
2. File a Petition with the Court:
   Once you receive the Certificate of Eligibility, your attorney files a petition to seal or expunge the record with the circuit court where the case occurred.
3. Court Review and Decision:
   A judge will review your petition and the underlying facts. In many cases, no hearing is required, if everything is in order, the court issues an order to seal or expunge the record.
4. Distribution of the Court Order:
   The final step involves distributing the signed order to law enforcement agencies and other relevant entities to ensure that your record is officially removed or hidden from public access.

The process typically takes between three to six months, depending on how quickly documents are processed.

Why It Matters

Having your record sealed or expunged can open doors that might otherwise remain closed. It can help with:

• Employment Opportunities: Many employers run background checks and may reject applicants with any record, even if charges were dismissed.
• Housing Applications: Landlords often deny applicants with criminal records.
• Professional Licensing: Doctors, nurses, real estate agents, and lawyers must disclose convictions; sealing or expunging helps protect your future career.
• Personal Reputation: A clean record restores peace of mind and a sense of dignity.

Why You Should Work with an Attorney

While the FDLE provides forms online, sealing or expunging a record isn’t always straightforward. Small errors or incomplete documentation can delay or even derail the process. 

A criminal defense attorney can help determine whether you qualify before you apply, gather and submit all necessary documentation correctly, and represent you in court if a hearing is required. They also ensure that every relevant agency properly removes or conceals your record once the court grants your request. In some cases, an attorney can also advise whether you qualify for administrative expungement, a separate process available for wrongful arrests.

For many Floridians, sealing or expunging a criminal record represents a critical opportunity to rebuild their lives and move forward without the shadow of a past mistake. However, eligibility rules are strict, and the process requires precision and legal insight.

If you believe you might qualify, don’t wait. Contact criminal defense attorney Russell A. Spatz, he understands Florida’s sealing and expungement laws and can guide you through every step of the process. To arrange a consultation with Russell Spatz, call 305-442-0200.

After an arrest and criminal charge in Maine, a defendant’s first court appearance may be to apply for bail at the arraignment and bail hearing.

The process of securing a bail bond is governed by the Maine Bail Code, but it can be confusing for some defendants. Let’s take a look at what the bail bond process involves so that defendants understand who is eligible for bail, what to expect during the hearing, and what happens after being granted bail in Maine.

What is a bail bond in Maine’s criminal justice system?

A bail bond is a financial guarantee that the defendant will return to court for scheduled hearings after being released from custody. In basic terms, bail is a contract between the defendant and the state of Maine (the prosecution).

A suspect is arrested, brought into custody, and booked before being incarcerated. The first appearance or court hearing typically involves a formal reading of the charges to the defendant, and a bail decision is made—unless bail was set earlier by a bail commissioner. The decision is based mainly on the seriousness of the charge, whether the person is a flight risk, past criminal history, community ties, any past failures to appear, and the risk to public safety.

If a defendant is granted bail, the bail bond is usually set at a certain amount of cash or collateral. The state may propose terms of release, but a judge will ultimately decide the precise conditions.

The defendant will then be released into the community and expected to follow all conditions while the case progresses through the criminal justice system.

Who is eligible for bail bond in Maine?

Almost everyone not yet convicted of a crime in Maine has the right to bail but, due to the financial requirements of a bail bond, many people cannot afford to arrange their release from detention.

Unlike in some states, the entire amount of bail must be posted to secure a defendant’s release. Commercial bail bondsmen/bail agents are not permitted in Maine. So, even defendants with relatively minor Class D or E crimes (misdemeanors) may spend time in jail unnecessarily because of financial restrictions.

Bondable charges include most Class D and E crimes, such as theft, OUI, assault, criminal mischief, disorderly conduct, etc., as well as most felonies (Class C, B, and many Class A crimes), such as burglary, robbery, drug trafficking, aggravated assault, etc.

What charges can a bail bond be denied for?

Bail is not guaranteed and can be denied in the following situations:

• Capital offenses (e.g., murder or crimes punishable by life imprisonment), where bail is usually denied if the evidence is strong.
• Probation or bail violations, where someone arrested for violating conditions may be held without bail until a hearing.
• High-risk defendants, where the court finds that no bail conditions would reasonably protect the public or ensure appearance in court (they are deemed a “flight risk”).

Types of bail or bond available after arrest in Maine

Not every bail case involves the full payment of a bond amount in Maine. As referred to earlier, a bail commissioner may visit a defendant and negotiate with the defense attorney about the conditions of release before a judge’s first appearance in certain circumstances.

A “de novo bail review” may be requested if bail was set by a bail commissioner or judge and the defendant is held in jail because the bail is unaffordable.

The three most common types of bail bonds in Maine are:

1.    Personal recognizance

If the court accepts the defendant’s promise to return to court and follow all the required conditions, the individual can be released on personal recognizance.

2.    Unsecured bail

Unsecured bail is where a cash amount is stipulated, but not collected unless the defendant fails to show up for the next court hearing or breaks the conditions of release.

3.    Secured bail

This is the most common type of bail bond, where cash or other collateral is requested by and paid to the court for the release of the defendant.

What are the typical bail/bond conditions in Maine?

The main condition of any bail arrangement is that the defendant must attend court on the designated day.

Aside from this, the precise conditions set by judges vary from case to case. Restrictions are usually applied according to the nature of the alleged offense and the circumstances surrounding its commission. Some examples of typical bail conditions include:

• A ban on possessing dangerous weapons.
• No consumption or possession of alcohol.
• Undergoing house arrest.
• The imposition of a curfew.
• Installation of an electronic monitoring system.
• No contact with certain people.
• Regular check-ins with relevant authorities.

What happens if a defendant cannot make bail or breaches bail conditions?

Defendants who cannot post the bail bond will have to sit out the time between the arrest/charge and the trial in confinement. Pretrial investigations can take a great deal of time, and defendants may spend months in jail.

A defendant who is caught breaching the conditions of bail is likely to lose their freedom and be returned to jail until the trial date. If bail is posted and the conditions are violated, the bail can also be forfeited.

Returning to jail can have serious consequences for a defendant’s employment, education, personal life, family responsibilities, etc. Relationships, marriages, and parenting duties may all be affected as well.

The intervention of a criminal defense attorney early in the criminal investigation, arrest, and charge process is essential to prevent such unwanted consequences with the bail process.

A lawyer may be able to help the defendant post bail and secure release before work on the defense begins in earnest. This is the first step in limiting the consequences for the future. A prompt release from jail also creates more time to focus on building a strong defense while the defendant can continue with daily life as normally as possible in the circumstances.

For experienced legal help with any criminal matter, call the Maine Criminal Defense Group at 207-571-8146 for an initial case evaluation.

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Facing criminal charges in Florida is overwhelming, especially if it’s your first time being arrested or charged with an offense. However, not every case ends in a conviction or even a trial. In certain situations, defendants may have the opportunity to participate in a Pretrial Diversion Program, a valuable alternative that focuses on rehabilitation and accountability rather than punishment. 

Understanding how pretrial diversion works, who qualifies, and what it requires can make a major difference in your case and your future.

What Is Pretrial Diversion?

Pretrial diversion (sometimes called “deferred prosecution”) is a program that allows eligible defendants, usually first-time or low-level offenders, to avoid a criminal conviction by completing certain court-approved conditions. If the program is successfully completed, the charges are dismissed, and the case is closed without a conviction appearing on the defendant’s record.

Essentially, it’s a second chance, a way for people who made a mistake to show accountability and rehabilitation outside of traditional prosecution. The goal is to reduce the burden on the court system, minimize repeat offenses, and give individuals a path forward without a criminal record following them for life.

How It Works in Florida

Pretrial diversion programs are offered at the discretion of the State Attorney’s Office and can vary from county to county. In Florida, these programs are often managed in partnership with local probation offices or community service agencies.

Here’s how the process typically unfolds:

1. Referral or Offer:
   The defendant is referred to the diversion program, often by their defense attorney or the prosecutor. In some cases, a judge may recommend it.
2. Eligibility Review:
   The prosecutor’s office reviews the case details, such as the type of offense, criminal history, and victim input, to determine eligibility.
3. Program Agreement:
   The defendant signs a written agreement outlining the conditions they must meet. Common requirements include community service, counseling, restitution, educational courses, or drug testing.
4. Program Completion:
   If the defendant fulfills all obligations within the given time (usually six months to one year), the charges are dismissed.
5. Non-Completion:
   If the defendant fails to meet the requirements, the case returns to court and prosecution resumes.

Common Eligibility Requirements

While exact rules differ by jurisdiction, pretrial diversion in Florida generally applies to defendants who meet certain criteria:

• First-time offenders or those with minimal criminal history
• Non-violent offenses, such as petty theft, DUI, possession of marijuana, or trespassing
• Willingness to take responsibility for the offense
• No significant prior probation violations
• Approval from the victim in some cases (especially theft or fraud-related offenses)

Ultimately, the State Attorney’s Office has broad discretion in approving who qualifies.

What Conditions Might You Have to Complete?

Each diversion plan is customized to the case, but conditions may include:

• Completing community service hours
• Paying restitution to victims
• Attending anger management or theft prevention classes
• Submitting to random drug or alcohol testing
• Participating in counseling or rehabilitation programs
• Writing a letter of apology or participating in restorative justice activities

Once these obligations are met, the case can be dismissed, leaving no criminal conviction on your record.

Florida Example

In Broward County, a 20-year-old college student was arrested for possession of marijuana (under 20 grams) after a traffic stop. She had no prior criminal history, was cooperative with officers, and was attending school full-time.

Her attorney negotiated her entry into the county’s Misdemeanor Pretrial Diversion Program, which required her to complete:

• 25 hours of community service
• A substance abuse awareness course
• A $150 program fee

After six months, she provided proof of completion to her case officer. The State Attorney’s Office reviewed her progress and formally dismissed the charges. She was later able to have the record expunged, leaving her with no criminal history and no interruption to her education or future employment prospects.

This type of result is not uncommon, pretrial diversion programs across Florida help hundreds of individuals each year avoid lifelong consequences for one-time mistakes.

Benefits of Pretrial Diversion

• No Criminal Conviction: The biggest advantage is avoiding a conviction, which can have lasting effects on employment, housing, and licensing.
• Case Dismissal: Upon successful completion, your charges are dismissed.
• Expungement Eligibility: Once dismissed, you may be eligible to have the arrest record sealed or expunged.
• Focus on Rehabilitation: Programs emphasize education, counseling, and community contribution rather than punishment.

Contact a Criminal Defense Attorney Today

While pretrial diversion is a powerful opportunity, it’s not automatic. Every county and every prosecutor’s office handles eligibility differently, and small procedural mistakes can cost you the chance to participate. An experienced criminal defense attorney can evaluate whether your case qualifies for diversion, negotiate with the prosecutor to secure your acceptance, ensure all program terms are realistic and achievable, and guide you through completion and help you seal or expunge the record afterward.

If you’ve been charged with a crime in Florida and think you might qualify for a diversion program, it’s important to speak with a criminal defense attorney as soon as possible. A knowledgeable lawyer can assess your case, advocate on your behalf, and help you take full advantage of this second chance.

Criminal defense lawyer Russell A. Spatz of the Spatz Law Firm, PL, in Miami, Florida, has decades of experience handling serious criminal cases. Contact him at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.