Arraign AI
Technology for Fairness
90-Second Arraignment Brief
Client R.M.
2026-CF-004182Arraign AI dossier
- Retail theft over $750 (F3)
- Resisting officer without violence (M1)
Tap what the client just told you in the holding cell — the oral argument below rewrites itself instantly.
Presiding Judge
Hon. Marisol Vega
Courtroom 3A — Ninth Judicial Circuit
ROR posture
Grants ROR on non-violent felonies where restitution is under $1,000.
Monitoring inclination
Rarely orders GPS absent an alleged victim.
Typical bond
$0–$2,500 on third-degree felonies
Diversion receptivity
Strongly receptive when the referral is already filed.
Top priorities on this bench
Pitch tuning: Lead with the client's uninterrupted work schedule and a concrete restitution figure; this bench treats a filed diversion referral as evidence of good faith.
Statutory speedy trial clock
Expired — recapture active — file the notice now; the recapture period ends July 18, 2026.
Remedy in Florida: Notice of expiration, then a 10-day recapture period; discharge if trial does not begin.
Florida runs the period from the date of arrest.
Oral Bail Argument (Read to Judge)
“Your Honor, my client is presumptively entitled to pretrial release under Rule 3.131. This is a property offense with no allegation of force, no weapon, and a recovered-merchandise value the State itself lists at under nine hundred dollars. As to community ties under Fla. R. Crim. P. 3.131; Fla. Stat. § 903.046, the Court should note that my client has resided continuously in this county for more than five years, is employed full time and stands to lose that employment with every day of detention, and has never failed to appear for a court date in his or her life. Those ties reasonably assure appearance, and any risk the State identifies can be answered with non-monetary conditions rather than a bond my client cannot post. Your Honor, addressing the factors this Court weighs most heavily — employment continuity, restitution plan, and appearance history —: Lead with the client's uninterrupted work schedule and a concrete restitution figure; this bench treats a filed diversion referral as evidence of good faith.”
Recommended Least-Restrictive Conditions
- ›Release on recognizance with weekly telephone reporting
- ›Stay-away order from the named retailer
- ›No new law violations
Collateral Traps (Plea Redlines)
A theft offense with a sentence of one year or more is an under 8 U.S.C. § 1101(a)(43)(G). Any plea must be structured to keep the imposed sentence under 365 days.
Trigger: Retail theft over $750
Client holds a retail-adjacent position; a theft conviction is a per-se bar under the employer's policy.
Trigger: Retail theft over $750
Eligible Diversion Programs
Ninth Circuit Misdemeanor Diversion / Theft Intervention
No prior theft conviction and restitution is under $1,000 — squarely inside the program's intake window.
Padilla Immigration & Collateral Cross-Reference
Spoken Padilla advisory to the client
Mr. R.M. holds lawful permanent resident status. A theft conviction is a , and any sentence of 365 days or more converts it into an with mandatory removal. Counsel must cap the sentence at 179 days or negotiate away the intent element before any plea.
Theft with intent to permanently deprive is a under INA § 212(a)(2)(A)(i)(I), rendering the client inadmissible on a single conviction. A sentence of 365 days or more makes it an under INA § 101(a)(43)(G), triggering mandatory deportation with no asylum relief.
- Housing:
- Discretionary under the rule, 24 C.F.R. § 966.4 — the housing authority may act on the arrest alone.
- License:
- No automatic statutory suspension for retail theft in Florida.
- Employment:
- level-2 screening disqualification — the client loses eligibility for healthcare support and childcare licensure.
Safe plea alternatives
- ›Negotiate to criminal mischief / non-intent property damage so no moral-turpitude element attaches.
- ›Cap any sentence at 179 days to preserve the and stay under the aggravated-felony line.
- ›Seek with a full dismissal — no conviction, no INA consequence.
Non-violent resisting generally lacks the base or depraved intent required for a and is not a removable offense standing alone.
- Housing:
- Low housing exposure absent drug or violent activity findings.
- License:
- No license consequence.
- Employment:
- May surface on security-guard licensing background review.
Safe plea alternatives
- ›Plead to this count alone and dismiss the theft count to protect the green card.
Unverified citations Fla. Stat. § 812.015(1)(h) · INA § 212(a)(2)(A)(i)(I) · INA § 101(a)(43)(G) · 24 C.F.R. § 966.4 · Fla. Stat. § 843.02 — generated text outside the checked rule register. Treat as unverified until confirmed against the primary source.
Immigration classification turns on the categorical approach applied to the exact statute of conviction and on controlling circuit and BIA authority. Every label here is a research prompt, not an opinion.
Suppression & Fourth Amendment Defects
- •Affidavit does not state what gave the officer to stop the client outside the store.
- •No loss-prevention witness named; merchandise value appears estimated rather than scanned.
Officer Intelligence & Brady Tracker
Ofc. T. Brennan
Badge 4471 • Orlando Police Department • Downtown Patrol
11
Office cases
4/6
Suppressions won
67%
Win rate
Stop lacked reasonable suspicion; court struck the entire encounter.
Reports routinely omit the basis for the initial contact.
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