I was arrested for shoplifting and under the influence of prescribed anti-depressant, do I have a defense?

You shouldn't say anything to the Judge at your arraignment. You should consult with an attorney and come up with a plan of action. If you cannot afford an attorney, a public defender will be appointed to you at arraignment and you can discuss these possible defenses with them. The only thing you will do by speaking about the facts of your case is hurt your chances of a possible defense holding up. Good luck.

You do not have a defense. Voluntary intoxication is not a defense in Florida.

Voluntary intoxication, whether alcohol or drugs, is no longer a defense in Florida. Involuntary intoxication can be under certain circumstances. In your situation, SSRI's often allow for a good involuntary intoxication defense if the person has never taken the drug before. the key is that it cannot be a mediation you have been on for a long time. DO NOT testify at your arraignment under any circumstances. Hire an attorney and allow them to be your mouthpiece. Your offense is fairly minor, but can lead to serious consequences, such as employment issues, etc. PT is also an enhanceable crime, which means the more you get the more serous the consequences and a third can be a felony.

Do not say anything to the judge at the arraignment, except for not guilty. You need an attorney and may qualify for the public defender if you are indigent. In my opinion you might be barking up the wrong tree trying to blame your anti-depressant for the theft. But what you will need is a pyschiatrist or perhaps a neurologist as an expert to write a letter saying that this particular drug can cause this type of conduct. These cases are usually solved with a diversion program.

Do not testify at your arraignment. Testimony is for trial. You should hire an attorney, but not for your prescription drug defense I think your defense is weak. I also think that due to the pettiness of your charge, you are going to be hard pressed to find an attorney willing to represent you at a fee commensurate with your crime, assuming you want the attorney to use the prescription drug defense. Instead, hire an experienced attorney who works in misdemeanor court on a regular basis, and assuming you are eligible, you should try to get into a diversion program, and then later have the case expunged after you have completed the diversion program. Good luck.

Petty theft requires INTENT to be proved. You have some defenses given your medical condition. Like my colleague has stated voluntary intoxication isnt a defense, so if you were medicated and still stole then that defense wont work. If you were medicated and because of the medication forgot to pay for an item then you may have some defenses. is great for general advice, now its time to make the leap and pick up the phone and discuss your situation in depth with a local attorney.

Do not try to explain yourself, do not try to testify, don't do anything else other than plead not guilty or have a lawyer ready to do this for you. You may not qualify for the public defender if the state does not seek jail or if you own anything of value. You need to consult a private criminal defense attorney or two for free, and then see who can represent you that you can afford. Most attorneys offer payment plans and help you afford their services. Start looking right now, don't even think about appearing in court to explain anything other than to say "not guilty" if you absolutely have to do it without an attorney. There are numerous defenses and technicalities that could be used to get your case dismissed. None of it has to do with what happened or anything you have to say in court. Especially not at an arraignment See an attorney immediately if you want to have a clean record.

Some of the outcome of your case depends on where you were arrested. If it was Wal-Mart, they'll prosecute no matter what. You may or may not have the option of using an intervention program if you're a first time offender. Here in Hillsborough County it's called MIP. It's pretty simple and results in the charge being dropped after completion of the program requirements. Get your meds right and get back on track. Good luck.

Voluntary Intoxication is not a defense, but read the exception: Florida Statutes 775.051 Voluntary intoxication; not a defense; evidence not admissible for certain purposes; exception.—Voluntary intoxication resulting from the consumption, injection, or other use of alcohol or other controlled substance as described in chapter 893 is not a defense to any offense proscribed by law. Evidence of a defendant’s voluntary intoxication is not admissible to show that the defendant lacked the specific intent to commit an offense and is not admissible to show that the defendant was insane at the time of the offense, except when the consumption, injection, or use of a controlled substance under chapter 893 was pursuant to a lawful prescription issued to the defendant by a practitioner as defined in s. 893.02.