West Palm Beach Petit Theft Lawyer

A Civil Demand and a Criminal Case Move on Separate Tracks

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 expertise is key in petit theft cases, where different variables like the alleged value of stolen goods, a prior record, store evidence, and form of disposition can affect both the charge filed 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 defense starts by thoroughly reviewing 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.

If you need a West Palm Beach petit theft lawyer, ask: will they read the evidence, will they explain the immediate deadlines and consequences, and can the defense team 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 retailer's demand for payment does not control the Palm Beach County criminal charge. Jeremy warns that paying the demand does not make the prosecution disappear.

The demand letter should still be taken seriously. It may assert a deadline, identify the retailer's lawyer, or threaten a civil claim. The defense should review the letter before the client responds because a payment or written explanation may create a record that could potentially be relevant to the criminal charges.

Think about the civil demand and criminal case as operating on two separate tracks. Determine what the civil letter requests, then determine what the State Attorney has filed or may file. One response should not be mistaken for a solution to both.

West Palm Beach Petit Theft Cases Are Heard in Local Court

A case arising in Palm Beach County proceeds within Florida's Fifteenth Judicial Circuit, but the exact courthouse and division depend on the charge and case assignment. The location does not change Florida law. The only variables are the personnel, filing procedures, and local practices involved in applying that law.

Importantly, the civil demand letter and criminal cases are two separate things, and paying a retailer does not resolve the criminal charge.

The Law Offices of Robert David Malove maintains a West Palm Beach office at 319 Clematis St, #1002, West Palm Beach, FL 33401. 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 provides an illustration: 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 process. Don’t treat the demand 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 case and defense.

Both the civil and criminal matters arose from the same retail theft incident, but the retailer controls its civil demand and the prosecutor controls the criminal case.

Petit Theft Store Evidence Must Be Carefully Reviewed

Evidence in retail theft cases often includes store surveillance footage, receipts, witness statements, and a loss-prevention narrative. According to Michaelson, common procedure is that the store provides that material to the arresting officer, who forwards it to the State Attorney's Office for discovery.

Your attorney should review the evidence carefully to ensure it’s being characterized correctly. Specifically, the firm reviews the video against the written report, checks what the footage actually shows, and evaluates how receipts and statements could be authenticated. Michaelson was clear about the method: "We review every piece of evidence and see if there are any angles to attack."

Don’t make plea or other decisions based on one side’s interpretation of the evidence. The defense position should be based on the evidence that exists, the evidence the state can admit, and the charge the record legally supports.