You returned the item. You apologized. Maybe the store manager even said they wouldn’t press charges. So why are you still getting court dates and legal notices?
In Florida, petit theft charges don’t automatically go away just because the victim doesn’t want to pursue the case. Theft is a criminal offense, and only the State Attorney’s Office has the power to dismiss the charges. If you’ve been arrested or cited for theft, even for something under $100, don’t assume it will disappear on its own. Talk to a petit theft lawyer in Fort Myers before your situation gets worse.
When Petit Theft Charges May Be Dropped in Florida
While not guaranteed, some petit theft charges are dismissed before trial. Common reasons include:
- Lack of evidence. If surveillance footage is missing, the alleged item was never found, or the identity of the accused is unclear, the prosecution may be forced to drop the case.
- No cooperation from the victim. If the store or individual refuses to testify or can’t be located, the state may not have enough evidence to proceed.
- Unlawful police conduct. If evidence was obtained through an illegal search or arrest, your lawyer can file a motion to suppress it, which can lead to dismissal.
But none of this happens automatically. Prosecutors often move forward even when evidence is shaky, unless a defense lawyer steps in to challenge it.
What Petit Theft Means and Why It’s Serious
Under Florida law, petit theft refers to the unlawful taking of property valued at less than $750. This includes:
- Shoplifting
- Switching price tags
- Failing to return rented items
- Taking items from unlocked cars or homes
Depending on the value and your record, you may face:
- Second-degree misdemeanor charges (under $100)
- First-degree misdemeanor charges ($100–$749)
- Felony charges if you have multiple prior theft convictions
Even a misdemeanor theft conviction can leave you with a permanent criminal record, loss of job opportunities, and immigration consequences.
Never Assume Your Case Will Be Dropped – Hoping for the Best Isn’t a Defense Strategy
It’s tempting to think a minor theft charge isn’t worth fighting, but that mistake could cost you long-term. Prosecutors in Florida often pursue these cases aggressively, even when:
- You’ve never been in trouble before
- The item was returned
- The business didn’t suffer a loss
Without legal representation, you risk:
- A criminal conviction
- Jail time or probation
- Loss of scholarships, housing, or employment
An experienced theft crimes lawyer in Florida can intervene early, possibly before charges are formally filed.
Defense Strategies That Can Work in Petit Theft Cases
At the Law Offices of Robert David Malove, our Fort Myers petit theft defense lawyers fight for every opportunity to get your case dismissed or reduced. Depending on your situation, we may:
- Challenge the evidence. Weak surveillance? Conflicting witness statements? We'll make sure the prosecution knows it.
- Negotiate with the prosecutor. In some cases, we can argue for a pretrial diversion program or move to get charges dropped entirely.
- File motions to suppress. If the police violated your rights during a search or arrest, we can ask the court to throw out key evidence.
- Protect your record. Even if a dismissal isn’t possible, we’ll work to avoid a conviction through plea deals, reduced charges, or record-sealing options.
We will consider all possible defenses to make sure your rights are protected.
What You Should Do Now if You’re Charged With Petit Theft
Take these steps immediately to protect your rights:
- Don’t talk to the store, police, or prosecutors. Anything you say could be used against you—even offhand comments.
- Keep documentation. If you have receipts, text messages, or photos showing you had permission to take or use the item, save them.
- Call a lawyer early. The sooner a defense attorney gets involved, the more options you may have for dismissal or pretrial resolution.
Once you contact a lawyer, you won’t have to wonder about what to do next. Your Fort Myers petit theft lawyer will advise you every step of the way.
Don’t Let a Minor Mistake Become a Permanent Record
Petit theft may seem like a small charge, but the consequences are serious. A criminal record can follow you for life, affecting your employment, housing, and future opportunities.
At the Law Offices of Robert David Malove, we help clients across Fort Myers and South Florida fight back against theft charges. Let us help you protect your future.
