You were caught walking out of a store with merchandise you didn’t pay for. Now you're facing petit theft criminal charges and worried about what comes next. If this is your first offense, Florida’s petit theft diversion program could give you a second chance. But before you agree to anything, it’s essential to understand your options and talk to a South Florida criminal defense lawyer who can help you make the best decision for your future.
What Is a Petit Theft Diversion Program in Florida?
Diversion programs are alternatives to criminal prosecution, often designed for first-time or low-level offenders. In a petit theft case, this type of program allows eligible individuals to complete specific requirements in exchange for having the charges dropped and avoiding jail time.
In many South Florida counties, diversion programs are run by the State Attorney’s Office and vary slightly by jurisdiction. However, they typically include the following:
- Educational components. You may be required to complete an anti-theft or life skills class designed to reduce the likelihood of future offenses.
- Restitution payments. If any property was damaged or lost, you may have to repay the business or individual affected.
- Community service. Participants often need to perform a set number of hours for approved organizations.
- Program fees. There may be administrative costs to participate, which must be paid in full.
Completing all program requirements within the specified timeframe can result in your case being dismissed, meaning you avoid a criminal conviction on your record.
Petit Theft Diversion Requirements by County
The specific components of petit theft diversion programs vary based on where your case is being prosecuted. Here’s how some South Florida counties approach diversion:
Palm Beach County
Palm Beach County often resolves first-time misdemeanor theft cases through pretrial diversion, which can include a class and fees. Completion typically results in a dismissal of charges.
Monroe County
The State Attorney’s Office may offer diversion at its discretion. Requirements may include completion of an anti-theft course and restitution if applicable. Community service and a no-arrest period may also be mandated.
Broward County
Broward County’s Misdemeanor Diversion Program (M.D.P.)is administered and supervised by the Broward County Sheriff’s Office Probation. Eligibility and specific requirements are determined at arraignment. Cases are dismissed upon successful completion.
Lee County
The Lee County District Attorney’s Office determines diversion eligibility. Participants typically must complete a theft prevention program, perform community service, and remain arrest-free for the duration of the program, which generally lasts several months. However, the specific requirements of the program vary on a case-by-case basis.
St. Lucie County
Eligible defendants may be offered a deferred prosecution agreement. Requirements often include a theft course, community service, and fee payment. The case is dropped if all conditions are met within the assigned timeframe.
No matter the county, these programs offer a second chance, but you only get one opportunity to do it right. A local defense lawyer can help you meet the right requirements and avoid common pitfalls.
Who Qualifies for a Petit Theft Diversion Program?
Eligibility for a diversion program usually depends on several factors, including:
- First-time offense. Diversion is most often available to individuals with no prior criminal record.
- Charge severity. The charge must typically be a misdemeanor, such as petit theft under $750.
- Willingness to comply. You must agree to meet all program requirements, including paying restitution and attending classes.
Some jurisdictions may allow repeat offenders to participate under exceptional circumstances, especially if the previous charges were nonviolent or occurred several years ago. A South Florida criminal defense lawyer can review your criminal history and the specific allegations to determine whether diversion is an option in your case.
Is Diversion Better Than Pleading Not Guilty?
It depends. While diversion helps you avoid a criminal conviction, it also involves accepting responsibility. By entering the program, you waive your right to trial and agree to complete specific tasks to have the charges dismissed. If you fail to meet the conditions, your case may go back to court, and you could face the full penalties if convicted.
On the other hand, pleading not guilty means your case proceeds through the traditional criminal justice system. This route may be appropriate if:
- The evidence against you is weak or questionable
- You were wrongly accused
- Police violated your rights during the arrest or investigation
If successful, a not-guilty verdict means complete exoneration. But there’s also the risk of conviction, especially if the evidence is strong. A skilled criminal defense lawyer can help you weigh the pros and cons of each path.
What Should You Discuss With a Criminal Defense Lawyer?
Before making any decisions, it’s essential to talk to a criminal defense lawyer in South Florida who understands how petit theft cases are handled in your county. Here’s what to cover during your consultation:
- Program availability. Not every county offers diversion for petit theft, and eligibility requirements may vary.
- Evidence review. Your lawyer can evaluate whether the prosecution’s case is strong or whether defenses may apply.
- Impact on your record. Even if the charges are dropped after diversion, you may need to take additional steps to expunge your record.
- Alternative resolutions. Your attorney might be able to negotiate a better plea deal or fight the charges in court if diversion isn’t ideal.
The earlier you speak to a defense lawyer, the more options you have. Waiting too long could result in missed deadlines or fewer alternatives.
