Orlando Petit Theft Lawyer

The Alleged Value Is an Important Charging Fact, Not a Detail

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 skillset is especially relevant 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

At the outset, Jeremy Michaelson explained that the firm thoroughly reviews the entire store record, including surveillance footage, receipts, witness statements, and loss-prevention materials, before advising the client on pleading, negotiation, motions, or trial. The firm’s work begins with reviewing the evidence, not a promise about the outcome.

If you need an Orlando petit theft lawyers, ask these questions: Will they take the time to understand the evidence? Will they clearly describe the immediate deadlines and consequences I’m facing right now? Importantly, can they take my case to trial if necessary?. Robert Malove's Board Certification, forensic-science training, public-defense background, and trial practice give prospective clients a real basis for answering these questions.

In Florida, a person is charged with second-degree petit theft for stealing goods less than $100 and with first-degree theft for stealing goods between $100 and $750. Florida elevates petit theft to ordinary third-degree grand theft at $750. Prior theft convictions can also increase a later charge.

An Orlando defense should therefore obtain the receipt, register record, photographs, recovery paperwork, and any evidence of the item's condition or sale price. The value stated in a loss-prevention report may be accurate, but don’t assume it is.

Remember: a prior theft conviction means an actual adjudication, not merely an old accusation. An accurate disposition record can matter as much as the value assigned to a new theft incident.

Orlando Petit Theft Cases Are Heard in Local Court

A case arising in Orange County proceeds within Florida's Ninth Judicial Circuit, but the exact courthouse and division depend on the charge and case assignment. The location does not change Florida law, but it changes the personnel, filing procedures, and local practices involved in applying that law.

You and your attorney should focus on how the theft value, prior adjudications, and the evidence file can change the charge analysis.

The Law Offices of Robert David Malove maintains an Orlando office at 1513 E. Livingston St, Orlando, FL 32803. 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 defendant’s prior record can affect that classification of petit theft. Michaelson said that 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.

Here, the word "conviction" means a prior adjudication, not merely old arrests or a case that concluded without a conviction. The defense should review the alleged value, the charging document, and the disposition of every cited prior case.

A Retailer's Civil Demand Does Not Resolve the Petit Theft Charge

Paying a retailer's civil demand does change the status of a Florida petit theft prosecution. Michaelson encourages a defendant to think of the demand letter and the criminal case as two separate matters.

The retailer may decide to pursue a civil claim, but 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 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 theft. Keep it clear: the retailer controls its civil demand,the prosecutor controls the criminal case, and neither decision automatically dictates 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 shares it to the State Attorney's Office.

Not all evidence proves the charge or can be admitted at trial. The firm will review the video against the written account, determine what the footage actually shows, and evaluate how documents and statements could be authenticated. Michaelson said this about how the firm reviews a file: "We review every piece of evidence and see if there are any angles to attack."

Understanding the evidence allows a client to proceed with the full picture of the case, not the police officer's summary alone. The defense should base its case around the evidence that exists, the evidence the state can admit, and the charge the record legally supports.