In a significant legal victory for our client, Orlando petit theft attorney Jose Rivas has successfully negotiated the dismissal of misdemeanor theft charges through a specialized pretrial diversion program. This result highlights the critical importance of hiring an experienced Orlando criminal defense lawyer immediately after an arrest. By intervening early, we were able to protect our client’s future, keeping their criminal record clean and avoiding the life-altering consequences of a conviction.
Case Result Triumph: Charges Dismissed
Case: State v. D.M.
Charges: The Defendant was charged with misdemeanor Petit Theft.
Result: Case referred to a diversion program. Upon completion, the charges will be fully dismissed.
This outcome is a best-case scenario for anyone facing criminal charges. Instead of facing a judge, jury, or jail time, our client was given a second chance. This result was not guaranteed; it required aggressive negotiation by a skilled petit theft attorney who knows the local court system in Central Florida.
Understanding Petit Theft Charges in Florida
Under Florida Statute 812.014, theft crimes are classified by the value of the property stolen. While “petit theft” (often called petty theft or shoplifting) is a misdemeanor, the consequences are anything but minor. A conviction for petit theft acts as a permanent stain on your record, labeling you as “dishonest” to future employers, landlords, and banks.
Degrees of Petit Theft:
- Second-Degree Petit Theft: Property valued at less than $100. Punishable by up to 60 days in jail and a $500 fine.
- First-Degree Petit Theft: Property valued between $100 and $750. Punishable by up to one year in jail and a $1,000 fine.
If you have prior theft convictions, the state can upgrade a simple shoplifting charge to a felony, which carries prison time. This is why you need a dedicated shoplifting lawyer to fight for you from day one.
The Power of Pretrial Diversion Programs
In this case, our strategy focused on getting the client into a Pretrial Diversion (PTD) program. This is an alternative to prosecution offered by the State Attorney’s Office, typically for first-time offenders. It is not automatic. Your lawyer must often convince the prosecutor that you deserve this opportunity.
How It Works:
Instead of going to trial, the accused agrees to complete certain conditions, such as:
- Community service hours
- Anti-theft educational courses
- Payment of restitution (if applicable)
- Remaining crime-free for a set period
Once these conditions are met, the State Attorney dismisses the charges. This is a complete victory. There is no conviction, no guilty plea, and no jail time.
The Path to Expungement: Cleaning Your Record
One of the biggest benefits of getting a case dismissed through diversion is the eligibility for expungement. In Florida, if your charges were dismissed and you have no other criminal convictions, you may be eligible to have your arrest record expunged. This effectively erases the event from public view.
At the Rivas Law Firm, we don’t just fight the immediate charge; we look at the long-term picture. We want our clients to move forward with their lives without the burden of a criminal past. For more on this process, visit our page on sealing and expunging records.
Why You Need an Orlando Petit Theft Attorney
Many people make the mistake of thinking they can handle a misdemeanor charge on their own. They might think, “It’s just a small theft, how bad can it be?” The reality is that prosecutors aggressively pursue these cases. Without a lawyer, you might be pressured into a plea deal that results in a permanent criminal conviction.
A skilled defense attorney will:
- Review the Evidence: We look for flaws in the police report, surveillance video, and witness statements.
- Challenge the Stop: Was the detention by loss prevention officers legal? If not, the evidence could be suppressed.
- Negotiate with Prosecutors: We use our reputation and experience to push for diversion programs or reduced charges.
- Fight for Your Rights: We ensure you are treated fairly by the criminal justice system.
Free Consultation: Protect Your Future Today
If you or a loved one has been arrested for petit theft, shoplifting, or any property crime in Central Florida, do not wait. The sooner you hire a lawyer, the better your chances of a favorable outcome like the one in this case.
Orlando criminal defense attorney Jose Rivas has dedicated his career to defending the rights of the accused. He is a veteran bilingual TV Legal Analyst who has appeared on major networks like Univision, Fox News, and Telemundo. He brings that same level of expertise and dedication to every case he handles.
Don’t let a mistake define your future. Call 407-644-2466 today to speak with an experienced criminal defense team at the Rivas Law Firm.