- Board Certified Criminal Trial Attorney
- Former Assistant Public Defender
- Open 24 Hours
Broward Offers a First-Offender Misdemeanor Diversion Path
Robert Malove is one of fewer than 400 board-certified criminal trial attorneys among more than 100,000 active members of the Florida Bar. In petit theft cases, that background counts: the alleged value of stolen goods, a prior record, store evidence, and form of disposition can all shape the charge and what remains on a background check once 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 said the firm’s approach starts with the store file itself, including surveillance footage, receipts, witness statements, and loss-prevention materials. Once the file is reviewed in full, he’ll advise the client on pleading, negotiation, motions, or trial.
If you are comparing Fort Lauderdale petit theft lawyers, ask: Who reviews the evidence firsthand? Who explains the deadlines and consequences? Is this firm ready to go to trial if no resolution is on the table? Robert Malove's Board Certification, forensic-science training, public-defense background, and trial practice give prospective clients a concrete record to evaluate.
The Broward Sheriff's Office’s Misdemeanor Diversion Program supervises first-time offenders for three months and successful completion results in dismissal of charges.
Jeremy described a three-month theft track with monthly reporting, 25 community service hours, and an anti-theft course.
Eligibility is not automatic. The defense first reviews the charge, prior record, referral, and other conditions. The decision is based on whether the diversion program improves this client's position compared with other available defense and plea options.
A Petit Theft Notice to Appear Still Starts a Criminal Case
A notice to appear can keep a person out of jail that night, but it does not change the allegation. Jeremy describes it as functionally the same as an arrest because the case is still criminal and the accused still has to appear in court.
Whether the arresting officer issues a notice or makes a physical arrest comes down to discretion, with a prior arrest history often factoring into that decision. If you’re issued a notice of appearance or arrested, the practical first move is to preserve the paperwork and stop discussing the facts with people not on your defense team.
“The officer has discretion.”
Jeremy Michaelson, attorney with The Law Offices of Robert David Malove
Fort Lauderdale Petit Theft Cases Are Heard in Local Court
A case arising in Broward County proceeds within Florida's Seventeenth 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.
Clients should be aware of Broward's first-offender misdemeanor diversion path and how to preserve eligibility.
The Law Offices of Robert David Malove maintains a Fort Lauderdale office at 200 SE 9th St, Fort Lauderdale, FL 33316. The office phone is (954) 861-0384, and the office is listed as open 24 hours.
Value and Prior Theft Convictions Change the Charge
Florida treats theft of property worth less than $100 as second-degree petit theft and theft of property 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.
Don’t rely on the information written in the police report without independent verification. Compare the value written in a report against the evidence. Florida's retail theft statute defines merchandise value by the sale price at the time of the alleged taking. Check whether the accusation is ordinary petit theft, retail theft with additional allegations, or another theft category, and determine if the charge fits the facts alleged.
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 that classification. Michaelson gave a deliberately stark example: after one prior theft conviction, even 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.
The word "conviction" matters here. Michaelson was referring to prior adjudications, not merely old arrests or cases that ended without a conviction. The defense needs to check the alleged value, the charging document, and the disposition of every cited prior offense rather than accepting the record on its face.
A Petit Theft Notice to Appear Is Still Part of an Arrest
A person cited for petit theft in Fort Lauderdale may leave the scene without going to jail, but a notice to appear does not make the case informal. Michaelson explained that the officer has discretion to issue the notice or make a physical arrest, with factors such as prior arrest history potentially affecting that decision.
A common misunderstanding is that no trip to jail means no arrest. Michaelson described a notice to appear as functionally an arrest. Just like a formal arrest, it kicks off a criminal case that requires attending court and reviewing the evidence and any eligibility for a resolution that protects the person's record.
The firm reviews the notice, the alleged value, the client's history, and the available store evidence before advising whether the case may qualify for diversion, negotiation, a motion, or trial preparation.
For a qualifying first offense in Broward County, Michaelson described a three-month misdemeanor diversion program supervised by the Broward Sheriff's Office Probation Department. The program includes monthly reporting, 25 community service hours, and an anti-theft course. A nolle prosequi is entered after successful completion. Eligibility and current terms must be confirmed for each individual case.
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 disappear. Michaelson described the demand letter and the criminal case as two separate matters.
If the demand is not paid, the retailer may pursue a civil claim. Even if it is paid, the State Attorney's Office still controls the criminal charge. A client should therefore avoid treating the letter like a fine that buys dismissal of criminal charges. Michaelson recommends having the letter reviewed by an attorney before responding or sending money so the client understands any possible effect on the criminal defense.
The distinction between the civil and criminal matters is easy to miss because both arise from the same store incident. The retailer controls its civil demand. The prosecutor controls the criminal case. Neither decision automatically 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 employers ask different questions: some ask about convictions, and others ask whether the applicant has ever received a withhold.
That difference is why the wording of an employment application matters. The client needs to answer the question actually asked and should obtain advice when the scope of the question is unclear. The firm does not promise that a withhold will be invisible on a background check or that every employer will treat it the same way.
Sealing or expungement is 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 therefore evaluates record-clearing eligibility as part of the case analysis, not as an automatic 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 commonly 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 what the footage actually shows, and evaluates how receipts and statements would be authenticated. 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 on the police officer's summary alone. The defense position should follow the evidence that exists, the evidence the state can admit, and the charge the record legally supports.
The Firm's Fort Lauderdale Office Is Open 24 Hours
200 SE 9th St, Fort Lauderdale, FL 33316
Open 24 Hours
(954) 861-0384Frequently Asked Questions
What does a petit theft lawyer in Fort Lauderdale review first?
The first review should identify the filed charge, alleged value, prior theft history, notice-to-appear or arrest paperwork, video, receipts, and loss-prevention statements.
Is petit theft the same as shoplifting?
Shoplifting is a common description for retail theft. Florida statutes use theft and retail theft terminology, and the exact charge depends on the alleged conduct and value.
What is the most important issue in a Fort Lauderdale case?
The defense concentrates on Broward's first offender misdemeanor diversion path and how to preserve eligibility. The answer depends on the actual charge, record, and discovery rather than the location alone.
Talk to a Fort Lauderdale 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.