Miami Petit Theft Lawyer

A Miami Notice to Appear Still Requires a Defense Plan

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 directly relevant to 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 Miami petit theft lawyers, ask: who will read the evidence, who will explain the immediate deadlines and consequences, and is the defense team prepared to try the case if an acceptable resolution is not available. Robert Malove's Board Certification, forensic-science training, public-defense background, and trial practice give prospective clients a concrete record to evaluate.

A notice to appear avoids a night in jail but still starts a criminal process in Miami-Dade County. Jeremy calls it functionally an arrest because the accused person still faces a criminal charge and a court appearance.

The notice should be preserved along with any store receipt, civil demand, property record, and contact information for witnesses. The accused should avoid providing an explanation to store personnel or posting about the incident on social media. A later statement can be compared with video and the first report.

Miami-Dade offers a general pretrial diversion program for eligible nonviolent defendants, but acceptance into the program is not guaranteed. Your lawyer should evaluate eligibility and your defense before recommending the program.

Miami Petit Theft Cases Are Heard in Local Court

A case arising in Miami-Dade County proceeds within Florida's Eleventh 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.

Discuss with your lawyer the difference between a notice to appear, a physical arrest, and the criminal case that follows.

The Law Offices of Robert David Malove maintains a Miami office at Wells Fargo Center, 333 SE 2nd Ave, Ste 2000, Office 2051, Miami, FL 33131. The office phone is (954) 861-0384, and the office is listed as open 24 hours.

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 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 in this analysis. Michaelson was referring to prior adjudications, not merely old arrests or cases that ended without a conviction. The defense therefore checks the alleged value, the charging document, and the disposition of every cited prior case rather than accepting the record on its face.

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 decide to 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 two 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.

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.