Fort Lauderdale Petit Theft Lawyer|Former Prosecutor

Under Florida Statute § 812.014, Petit Theft is a misdemeanor offense. A conviction is a permanent mark on your record. Attorney Dave Simmons offers strategic defense to challenge the State's case and protect your reputation.

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Broward Petit Theft Defense

A petit theft arrest in Broward County can feel minor — especially if you were handed a yellow Notice to Appear instead of handcuffs. Do not let that fool you. The Broward County State Attorney's Office treats petit theft as a crime of dishonesty, and a conviction creates a permanent mark on your background check that can cost you your job, your professional license, and your reputation.

Dave Simmons spent years as a prosecutor inside the Broward County State Attorney's Office — the same office that will handle your case. He knows exactly how these cases are evaluated, where they break down, and how to intervene before charges are even filed. That inside knowledge is now working for you.

Call the Law Offices of Dave L. Simmons, P.A. at 954-765-3540 for a confidential consultation. The earlier we get involved, the more options we have.

What is Petit Theft?

Under Florida Statutes § 812.014, petit theft is committed when a person knowingly takes someone else’s property with the intent to deprive them. Theft of property valued under $100 is classified as a second-degree misdemeanor, while theft of property valued between $100 and $749.99 is a first-degree misdemeanor.

I Was Arrested for Petty Theft: What Happens Next?

Being arrested for petty theft can feel overwhelming, but understanding the process and knowing your options is the first step toward protecting your future. As a former Broward County Assistant State Attorney with more than 27 years of experience handling theft cases from both sides of the courtroom, I know exactly how prosecutors evaluate theft cases and where weaknesses often exist. Here’s what really  happens in Broward County after a petty theft arrest:

1. Received a yellow Notice to Appear (NTA) for Petit Theft? 

Many people mistake this for a simple citation. This is a dangerous misconception. In the eyes of Florida law and the Broward State Attorney's Office, Petit Theft is a Crime of Dishonesty. Whether you were handcuffed or simply handed a slip of paper, you have been criminally arrested. A conviction here creates a permanent scar on your background check that can derail careers, professional licenses, and immigration status.

At the Law Offices of Dave L. Simmons, P.A., we know that a theft charge is often more than a legal problem; it's a reputation problem. As a former prosecutor and public defender with over 27 years of experience. I handle all levels of Theft Crimes, from minor misdemeanors to high-stakes felonies. I don't just defend you in court; I intervene to protect your future.

In Florida, the severity of a theft charge is dictated by the specific value of the property involved. The following table outlines the statutory thresholds and the potential jail time you face under Florida law:

2. The Filing Window: Why Every Minute Counts

Most defense attorneys wait for your first court date (Arraignment) to start working. By then, the charge is already public record. As a former Assistant State Attorney in Broward County, I use a proactive "pre-filing" strategy.

Depending on the complexity of the case, the Broward State Window between your arrest (or NTA citation) and the moment a prosecutor formally decides to file charges is approximately 21 days. During this window, your case is just a file on an intake prosecutor's desk at the Central Courthouse in downtown Fort Lauderdale or at a satellite office.

Our Pre-Filing Intervention: I will immediately conduct a "Deep Dive" into the facts to identify any critical flaws in the State's case and, if found, contact the filing attorney before the case is filed. Don't hesitate to reach out as soon as possible. The 21 days are just an approximation-we don't want to lose this window of opportunity.

3. Pre-Filing Intervention / Early Defense

A proactive attorney can and will:

• Review the state’s evidence immediately
• Identify flaws in the case
• Contact the filing prosecutor to advocate for a "No Information" or diversion.

This early step can be critical in keeping your record clean.

4. Arraignment / Court Appearance

If charges are filed, an arraignment will be scheduled. In most cases, your attorney can file written pleadings on your behalf, which allows them to handle the court proceedings without you needing to be present. The following table explains all the possible dispositions (outcomes) of a criminal case and whether the case can be sealed or expunged.

5. When you hire the Law Offices of Dave L. Simmons, P.A., we file a Waiver of Appearance

This document legally satisfies the court's requirement for your presence at calendar calls (status hearings) in Broward. We stay in court; you stay at work. In 90% of our misdemeanor cases at the Main Courthouse (Fort Lauderdale), West Regional (Plantation), North Regional (Deerfield), or South Regional (Hollywood) satellite courthouses, we handle the proceedings without you ever needing to step inside. 

6. The "Withhold Trap": Why Dismissal Is Our Primary Goal

In Broward County, a judge or prosecutor may offer you a Withhold of Adjudication. To the untrained ear, this sounds like a win because they will tell you it's not a "formal conviction," but it's a trap for your future.

1. Expungement Road Block: You cannot "expunge" a Withhold Adjudication; you can only "Seal" it, and even then, you have to wait 10 years before petitioning to have it destroyed.
2. Background Checks: A Withhold still appears on background checks as a "Crime of Dishonesty," which appears as a "red flag" for potential employers.
3. Our Priority: If we cannot get a "No Info," we fight for a Nolle Prosequi (Dismissal). Only a dismissal makes you eligible for immediate dismissal.

7. Strategic Insider Defenses for Broward Cases

We don't use generic defenses. We attack the specific protocols of Broward retailers and local law enforcement.

1. The Self-Checkout Audit (Walmart & Target): Retailers often rely on flawed skip-scanning algorithms to flag theft. We subpoena the Electronic Journal (EJ) logs of the register. If the log shows technical errors, or the video shows you were distracted by a child or a faulty scanner, we argue that there is a Lack of Specific Intent. Theft requires the intent to steal; clumsy scanning is not a crime.
2. The Valuation Defense (FMV vs. Replacement): Police often inflate charges by using the price of a brand-new item. Florida law requires Fair Market Value (FMV)—the used value at the time of the incident. If we can prove an expensive item is worth less than the threshold on eBay or the used market, we can force the State to reduce or drop the charges.   
3. Theft of Lost Property /Found a wallet or phone: Florida law doesn't recognize "finders keepers," but we argue Temporary Custody. If you picked it up with the intent to secure it or find the owner, the State cannot prove the intent to steal.
4. Employee Sweethearting & Register Errors: If you are accused of under-ringing items for friends ("sweethearting"), we audit the digital trail. If multiple employees share a register code, or the video doesn't perfectly match the log, we can cast reasonable doubt on who actually committed the error.

The Upgrade Warning: When Misdemeanors Become Felonies

8. The Broward State Attorney's Office can upgrade your Petit Theft to a Third-Degree Felony in two specific ways:

1. Aggregation: If they claim you took small amounts over several days that total more than $750.
2. The Two Priors Rule: If you have two prior theft convictions, a third offense—even for a $5 sandwich—can be charged as a Felony punishable by 5 years in state prison.

9. Your Path to a Clean Record: Dismissal & Expungement

If this is your first offense, my primary goal is to protect your reputation.

Misdemeanor Diversion Program (MDP): We negotiate your entry into this Broward-specific program. You complete community service or a theft-prevention class, and the State issues a Nolle Prosequi (Formal Dismissal).

Expungement: Once your case is dismissed, we file to expunge your record. This physically destroys the arrest record, allowing you to legally deny the incident ever happened on job applications.

Why Fort Lauderdale Clients Trust Dave L. Simmons

Dave L. Simmons is a Fort Lauderdale criminal defense attorney and former Broward County prosecutor with over 27 years of experience in the 17th Judicial Circuit. As such, he understands how criminal cases are built, evaluated, and resolved from both sides of the courtroom — and that perspective shapes every defense strategy he brings to his clients.

• Former Broward County Assistant State Attorney
• Former Broward County Assistant Public Defender
• Over 27 years of combined criminal law experience
• Focused exclusively on criminal defense
• Representing clients throughout Fort Lauderdale and Broward County
• When you hire Dave Simmons, you work directly with Dave Simmons, no associates, no handoffs, no surprises

Client Reviews & Professional Recognition

• Over 200+ 5.0 ⭐ reviews across the web from Broward County Clients
• Avvo Rating: Superb — the highest rating available, with over  30+ 5.0 ⭐ reviews
• Justia: Perfect "10" Rating
• Martindale-Hubbell Peer Rated 5.0 ⭐
• Featured on Justia, Avvo, and Martindale-Hubbell — among the most trusted attorney directories in the United States
• Florida Bar member in good standing since 1998

Frequently Asked Questions — Petty Theft Charges in Fort Lauderdale

What is a Notice to Appear, and is it a real arrest?

Yes. A Notice to Appear (NTA) — the yellow slip handed to you instead of handcuffs — is a criminal arrest under Florida law. Many people treat it like a traffic ticket and make the mistake of ignoring it or showing up to court without an attorney. The Broward County State Attorney's Office treats petit theft as a crime of dishonesty regardless of how you were processed. A conviction creates a permanent mark on your background check that can affect employment, professional licenses, and immigration status. Do not let the informal nature of the NTA mislead you about the seriousness of the charge.

What is the pre-filing window, and why does it matter?

After a petit theft arrest in Broward County, prosecutors have approximately 21 days to decide whether to formally file charges. During that window your case is sitting on an intake prosecutor's desk — not yet public record, not yet a filed charge. An attorney who moves immediately can contact the filing prosecutor before a decision is made and advocate for a No Information, meaning the State declines to file entirely. Most defense attorneys wait until arraignment to start working. By then, the charge has already been filed and is public. The pre-filing window is the single most important period in a misdemeanor theft case and it closes fast.

What is the Withhold Trap, and why is dismissal always the better outcome?

A Withhold of Adjudication means you entered a guilty or no contest plea but the court did not formally convict you. Prosecutors and judges sometimes present this as a favorable outcome — and compared to a full conviction, it is. But it is not a clean record. A withhold still appears on background checks as a crime of dishonesty, which raises immediate red flags for employers. You can seal it but not expunge it for ten years. Only a full dismissal — a Nolle Prosequi or No Information — makes you eligible for immediate expungement and allows you to legally deny the incident on job applications. Dismissal is always the goal.

• Withhold = guilty plea on record, still appears as a crime of dishonesty on background checks
• Can be sealed immediately, but cannot be expunged for 10 years
• Dismissal = clean record and immediate expungement eligibility

Can a petty theft charge be expunged in Florida?

It depends entirely on the outcome of your case. A dismissal or No Information makes you immediately eligible to petition for expungement — meaning the arrest record is physically destroyed and you can legally deny it ever happened. A Withhold of Adjudication can be sealed immediately, but cannot be expunged for ten years. A full conviction for petit theft can never be sealed or expunged in Florida. This is why the outcome of your case matters far beyond the courtroom — and why fighting for dismissal rather than accepting a plea is almost always the right strategy for a first-time offender.

• Dismissal / No Information — immediately eligible for expungement
• Withhold of Adjudication — can be sealed now, expunged after 10 years
• Adjudication of Guilt — can never be sealed or expunged in Florida

How does Florida calculate the value of stolen property?

Florida law requires prosecutors to use Fair Market Value — what the item would sell for in its current condition at the time of the incident, not the retail replacement cost. Law enforcement frequently uses the sticker price to establish value, which can push a charge into a higher category. If an item's actual fair market value — what it would fetch on eBay or the used market — falls below the $100 or $750 threshold, the charge may be reduced or dismissed entirely. This valuation defense is one of the most overlooked and effective tools in a petit theft case.

Can a misdemeanor theft charge become a felony in Florida?

Yes, in two specific ways. First, aggregation — if prosecutors argue that multiple thefts over time total more than $750, they can combine them into a single felony charge. Second, the two-priors rule — if you have two prior theft convictions on your record, a third offense, regardless of the value involved, can be charged as a Third-Degree Felony, carrying up to 5 years in Florida State Prison. A $5 item can trigger a felony charge if your record supports it. Understanding your prior history and how the State may use it is a critical part of early case evaluation.

Will I have to appear in court for a petty theft charge in Broward County?

In most cases, no. When you hire an attorney, a Waiver of Appearance can be filed on your behalf, satisfying the court's requirement for your presence at calendar calls and status hearings. In the majority of misdemeanor theft cases handled at the Main Courthouse in Fort Lauderdale or at the West Regional, North Regional, or South Regional satellite courthouses, clients never need to set foot inside a courtroom. Your attorney handles the proceedings while you go about your life. This is one of the practical advantages of having experienced representation in Broward County from the start.

What happens if this is not my first theft charge?

Prior theft convictions significantly change your exposure. A second petit theft conviction increases the maximum penalty. Two prior theft convictions — regardless of when they occurred or what was taken — mean that any new theft charge, even for the smallest amount, can be filed as a Third Degree Felony. Beyond the criminal penalties, repeat theft charges compound the problem of background checks — each additional entry makes employment, licensing, and housing applications harder. If you have prior theft history, early intervention and aggressive defense are not optional — they are essential.

For more information on Florida theft laws, return to our Broward County Theft Defense Hub.