- Board Certified Criminal Trial Attorney
- Former Assistant Public Defender
- Open 24 Hours
A Responsible Fee Quote Starts With the File
Robert Malove is one of fewer than 400 board-certified criminal trial attorneys among more than 100,000 active members of the Florida Bar. That distinction is important in petit theft cases, where the alleged value of stolen goods, a prior record, store evidence, and form of disposition can change both the charge and what remains on a background check when the case is over.
- Board Certified in Criminal Trial Law by The Florida Bar
- Former Assistant Public Defender in Broward, Palm Beach, and Miami-Dade counties
- Master's in Forensic Science from The George Washington University
- Metro-Dade Police Academy Field Sobriety Testing Course
- Founding member of the National College for DUI Defense
Jeremy Michaelson explained that the firm thoroughly reviews the entire store file, including surveillance footage, receipts, witness statements, and loss-prevention materials, before advising the client about pleading, negotiation, motions, or trial. The firm’s work begins with the evidence and the procedural posture of the case, not a promise about the outcome.
If you are comparing Sarasota petit theft lawyers, ask who will actually review all the evidence and lay out the immediate deadlines and consequences. Also consider if the defense team prepared to try the case if an acceptable resolution is not reached. Robert Malove's Board Certification, forensic-science training, public-defense background, and trial practice give prospective clients a concrete record to evaluate.
The firm offer a flat price for a Sarasota petit-theft defense
The firm will evaluate the case honestly: the firm needs the paperwork and an initial factual account before quoting the fees for representation.
Value and Prior Theft Convictions Change the Charge
Florida generally treats theft of property worth less than $100 as second-degree petit theft and theft worth $100 or more but less than $750 as first-degree petit theft. A prior theft conviction can increase the level of a later petit-theft charge, and two or more prior theft convictions can expose a later charge to felony treatment.
The value written in a report should be tested against the evidence. Florida's retail theft statute defines merchandise value by the sale price at the time of the alleged taking. The defense also checks whether the accusation is ordinary petit theft, retail theft with additional allegations, or another theft category to see if the charge is supported by the evidence.
Sarasota Petit Theft Cases Are Heard in Local Court
A case arising in Sarasota County proceeds within Florida's Twelfth Judicial Circuit, but the exact courthouse and division depend on the charge and case assignment. The location does not change Florida law. It changes the personnel, filing procedures, and local practices involved in applying that law.
It’s a benefit to the client when the firm will not quote a case fee before reviewing the facts and the discovery.
The firm serves people facing charges in Sarasota and Sarasota County.
The Firm Prices the File After Reviewing the Facts
The firm does not offer a flat fee for a petit theft case. Jeremy explains that the fee depends on the facts, which can vary regarding the charge level, priors, discovery volume, diversion questions, and whether the case is moving toward motions or trial.
Board-certified criminal trial attorney Robert Malove of The Law Offices of Robert David Malove leads the firm's criminal-defense practice. The first decision should not be about fees. Instead, it is an initial review of what happened, what has been filed, and what the next step should be.
“You charge depending on the facts of the case.”
Jeremy Michaelson
Petit Theft Value and the Prior Record Determine the Charge Level
A Florida petit theft charge cannot be evaluated by the price tag alone.
Jeremy Michaelson explained that property valued below $100 is ordinarily charged as a second-degree misdemeanor, and property valued from $100 to less than $750 is ordinarily a first-degree misdemeanor. A theft at $750 or more can be charged as a felony.
A prior record can change the calculation. Michaelson explained that after one prior theft conviction, an allegation involving a one-dollar item can be treated as a first-degree misdemeanor. Two or more prior theft convictions can expose a later petit theft allegation to felony treatment and a maximum five-year prison term.
In this context, the word "conviction" refers to prior adjudications, not merely old arrests or cases that concluded without a conviction. The defense should check the alleged value, the charging document, and the disposition of every cited prior conviction rather than accepting the prosecutor’s record on its face.
A Petit Theft Notice to Appear Is Still Part of an Arrest
A person cited for petit theft in Sarasota may leave the scene without going to jail, but a notice to appear does not change the seriousness of the charge. Michaelson explained that the officer has discretion to issue the notice or make a physical arrest, with factors such as prior arrest history factoring into that decision.
A common misunderstanding is that no trip to jail means no arrest. Michaelson described a notice to appear as functionally the same as an arrest. It creates a criminal case that requires reviewing the evidence and attending court.
The firm reviews the full file, including the notice, the alleged value, the client's history, and the available store evidence, before advising on next defense steps.
A Retailer's Civil Demand Does Not Resolve the Petit Theft Charge
Paying a retailer's civil demand does not make a Florida petit theft prosecution go away. Michaelson warns that the demand letter and the criminal case are two separate matters.
If the demand is not paid, the retailer may pursue a civil claim. The State Attorney's Office still controls the criminal charge. A client should not treat the letter like a fine that buys dismissal of criminal charges. Michaelson recommends having the letter reviewed by an attorney before responding to understand any possible effect on the criminal defense.
The distinction between the civil and criminal matters is easy to confuse because both arise from the same theft/incident. The retailer controls its civil demand. The prosecutor controls the criminal case. Neither case dictates a decision on the other.
A Petit Theft Withhold Can Still Appear Until the Record Is Lawfully Sealed
A withhold of adjudication is not a formal conviction, but it can still appear in a background check. Michaelson explained that it depends on what the employers ask: some ask about convictions and others ask whether the applicant has ever received a withhold.
The wording of an employment application matters. The client should answer the question actually asked and obtain advice when the scope of the question is unclear. The firm does not promise that a withhold won’t appear on a background check or that every employer will treat it the same way.
Sealing or expungement requires a separate analysis. Michaelson said a person who has previously been adjudicated guilty of a criminal offense in Florida is not eligible to seal or expunge a later case. The firm evaluates record-clearing eligibility as part of the case analysis, not as a cleanup step after court.
Petit Theft Store Evidence Must Be Reviewed Piece by Piece
Retail theft cases often include surveillance footage, receipts, witness statements, and a loss-prevention narrative. Michaelson said the store usually provides that material to the arresting officer, who forwards it to the State Attorney's Office for discovery.
The existence of evidence does not automatically mean that it proves the charge or can be admitted at trial. The firm reviews the video against the written account, checks the video footage, and considers how receipts and statements would be authenticated into evidence. Michaelson was clear about the method: "We review every piece of evidence and see if there are any angles to attack."
That review also prevents a client from making decisions based only on the police officer's report. The defense position should follow the evidence that exists, the evidence the state can admit, and the charge the record legally supports.
The Firm Serves Sarasota and Sarasota County
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Frequently Asked Questions
Does paying a civil demand end the criminal case?
No. Jeremy explains that the civil demand is separate and paying it does not make the criminal charge disappear.
Can a withhold keep the case off a background check?
A withhold is not a formal adjudication, but the case may still appear on some background checks. A case can be sealed or expunged depending on a full criminal history and disposition.
What is the most important issue in a Sarasota case?
It’s important to look at the case as a whole, including the actual charge, the full record, and other evidence. The firm cannot quote a case fee before reviewing the facts and the discovery.
Talk to a Sarasota Petit Theft Lawyer About the Next Decision
Robert Malove is a Board Certified criminal trial attorney, one of fewer than 400 in the state out of more than 100,000 active members of the Florida Bar. The distinction requires at least 25 contested cases and a minimum of 20 jury trials every five years.
If you received a notice to appear, were arrested for petit theft or shoplifting, or received a retailer's civil demand, fill out this form or call the firm at (954) 861-0384.