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

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What is Retail Theft/Shoplifting in Broward County?

Under Florida Statute F.S. 812.015, shoplifting — legally called retail theft — involves taking or attempting to take merchandise from a store with the intent to deprive the merchant of it.

However, in Broward County, most Retail Theft cases are actually charged under Florida Statute § 812.014, the general Petit Theft statute. If the value of the property is under $750, the offense is typically filed as a misdemeanor. Higher values or prior convictions can result in felony charges.

  1. If I pay the civil demand letter, will it help my criminal case?

    No. In Broward County, paying a civil demand letter does not cause the State Attorney’s Office to drop a Petit Theft charge. The civil demand is separate from the criminal case filed under Florida Statute 812.014, and prosecutors can still move forward.

  2. Can I still be charged if I accidentally walk out without paying?

    Yes. In Broward County, shoplifting cases are usually filed as Petit Theft, and the State must prove criminal intent. An honest mistake, distraction, or self-checkout error may support a lack-of-intent defense, but you can still be charged.

  3. Will this show up on a background check?

    Yes. Once the Broward Clerk of Courts creates a criminal case number, the charge can appear on background checks, even if you were only issued a Notice to Appear. Only dismissal and later expungement can prevent long-term damage to the record.

Arrested for Retail Theft? Why Your Paperwork Likely Says "Petit Theft"

If you were arrested for Retail Theft at a store like Walmart, Target, or Sawgrass Mills, you might be confused to see your citation or Notice to Appear lists the charge as "Petit Theft" (F.S. 812.014) rather than "Retail Theft" (F.S. 812.015). 

This is normal in Broward County. While Florida has a specific "Retail Theft" statute, the Broward State Attorney’s Office almost exclusively prosecutes shoplifting cases under the general Petit Theft statute.

Does this distinction matter? Yes. Because you are being charged under the general theft statute, the prosecutor does not strictly have to prove you violated a specific store policy. They simply have to prove you intended to deprive the owner of their property.

However, because these cases involve major retailers, they come with unique complications that "street theft" cases do not: aggressive Loss Prevention Officers, high-definition surveillance video, and civil demand letters.

I am Dave Simmons. For over 27 years, I have worked in the Broward County criminal justice system—first as a State Prosecutor, then as a Public Defender, and now as your Private Defense Counsel. 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.

I know exactly how the State Attorney’s Office builds a theft case because I used to build them. Now, I use that inside knowledge to dismantle them. Do not let a momentary lapse in judgment ruin your future career opportunities. 

The "Insider Advantage": Why Hire a Former State Attorney?

Most lawyers wait until your Arraignment to start working. In my experience, that is often too late.

As a former prosecutor, I know there is a critical window between your arrest and the State's formal filing of charges. My strategy is to contact the filing prosecutor immediately. My goal is to present mitigating evidence and negotiate for a "No Information" (a total drop of charges) or entry into a Diversion Program before you ever set foot in a courtroom. 

The "Civil Demand Letter" Trap

Within weeks of your arrest, you will likely receive a threatening letter from a law firm (often Palmer, Reifler & Associates or similar) demanding you pay $200 to $500 in "Civil Restitution." They will claim that under Florida Statute 772.11, you owe them triple damages.

Please read this before you pay: Paying this civil fine does NOT drop your criminal charges. It is a separate civil claim.

In 27 years, I have never seen a retailer actually sue a first-time offender for $200 because the legal filing fees cost more than the claim itself. Do not pay this until you speak with me.

"I Wasn't Arrested, I Just Got a Ticket"

This is the biggest misconception in Florida law. If a police officer gave you a yellow or pink "Notice to Appear" (NTA), you have technically been arrested.

Once that ticket is filed by the Broward State’s Attorney’s Office, the Clerk of Courts creates a criminal case number. While your mugshot may not be online, the charge will appear on a background check. Furthermore, if you miss the court date listed on that ticket, a Capias (Bench Warrant) will be issued for your immediate arrest.

Retailer-Specific Strategies: Defending "Intent"

Every major retailer in Broward County has a different "Loss Prevention" policy. We don't use generic defenses; we attack their specific procedures.

  1. The "Self-Checkout" Defense (Walmart, Target, Home Depot) The Scenario: You are accused of "skip-scanning" or leaving items in the cart. The store claims you intentionally passed the last point of sale without paying.

The Defense: Theft requires specific criminal intent. Being distracted, managing a screaming child, or dealing with a faulty scanner is not a crime. We analyze the video to show clumsiness rather than stealth, arguing that you relied on the machine's prompts. If the machine didn't alert you, it was a mistake of fact, not a crime.

  1. The "Concealment" Argument (Department Stores / Sawgrass Mills) The Scenario: A Loss Prevention Officer (LPO) stops you before you exit the store because you placed an item in your personal bag or purse.

The Defense: In Florida, concealment is evidence of theft, but it is not theft itself until you attempt to leave. If you were still within the store, we argue that you intended to pay before exiting.

  1. The "Credibility Impeachment" (Merchant's Privilege) Scenario: You were detained aggressively by store security.

The Defense: Under Florida Law, a merchant can only detain you for a reasonable time. If the LPO tackled you, handcuffed you, or held you for hours without calling the police, they violated the statute. We use this misconduct to impeach the LPO's credibility with the jury.

  1. The "Turnover" Strategy Scenario: The prosecution relies on the testimony of the Loss Prevention Officer who stopped you.

The Defense: As a former prosecutor, I understand the State Attorney's logistical challenges. High turnover among store security guards creates a scheduling bottleneck for the prosecution. We deliberately set the case for trial, knowing this transient witness may no longer work there or be available. If they cannot secure the witness, the State often has to drop the case.

Where Will Your Case Be Heard?

In Broward County, your case is assigned based on the zip code where the incident occurred, not where you live.

Important Note: If you are charged with a Felony (such as a third offense or high-value theft), your case will almost always be transferred to the Main Judicial Complex in Fort Lauderdale, regardless of where the arrest happened.

For Misdemeanor cases (first or second-time shoplifting), your case will likely be heard at one of these four locations:

  1. The Main Judicial Complex (Central Courthouse) Location: 201 S.E. 6th Street, Fort Lauderdale. Jurisdiction: Handles arrests in Fort Lauderdale, Oakland Park, Wilton Manors, Lauderdale-by-the-Sea, and Dania Beach. What to Expect: This is the county's headquarters. It is a large, high-security complex in downtown. Parking is primarily in the parking garage across the street (bring cash or card, as it is not free). Allow extra time to get through security lines here, as they are significantly longer than at the regional courthouses.

  2. West Regional Courthouse Location: 100 N. Pine Island Road, Plantation. Jurisdiction: Handles arrests in Plantation, Sunrise (including Sawgrass Mills), Davie, Weston, Cooper City, and Lauderhill. What to Expect: Located near the Broward Mall. Unlike the downtown courthouse, there is a free surface parking lot, making access much easier.

  3. South Regional Courthouse Location: 3550 Hollywood Blvd, Hollywood. Jurisdiction: Handles arrests in Hollywood, Pembroke Pines, Hallandale Beach, Miramar, and West Park. What to Expect: Located just west of I-95 on Hollywood Boulevard. This courthouse serves the southern tier of the county. Free parking is available on-site.

  4. North Regional Courthouse Location: 1600 W. Hillsboro Blvd, Deerfield Beach. Jurisdiction: Handles arrests in Deerfield Beach, Pompano Beach, Coral Springs, Margate, Coconut Creek, Parkland, and Lighthouse Point. What to Expect: Located near the intersection of Hillsboro Blvd and Military Trail. Like the West and South satellites, this location has free parking and generally shorter security lines than the downtown complex.

Florida Petit Theft Penalties (2026)

Don't let a prosecutor scare you with "maximum penalties." Here is the reality of the sentencing guidelines:

Offense Level Property Value Max Jail Time Max Fine
Petit Theft (2nd Degree) Under $100 60 Days $500
Petit Theft (1st Degree) $100 - $750 1 Year $1,000
Felony Petit Theft 2+ Prior Convictions 5 Years (Prison) $5,000

The Path to Dismissal: Broward Diversion Programs

If this is your first offense, my primary goal is to get you admitted into the Misdemeanor Diversion Program (MDP).

If accepted, you will complete a shoplifting prevention course and community service. Once completed, the State Attorney drops all charges. Our final step is to file for an Expungement to permanently remove the arrest from your record.

The Felony Pre-Trial Diversion Program is available for many felony offenses, including shoplifting charged as Grand Theft.  Upon completion of this program, your case is dismissed you may qualify to have your record expunged.

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

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

Don't Let a Mistake Define Your Future

If you are facing theft charges in Fort Lauderdale, don't wait to get the help you need. Fill out our contact form or call our Fort Lauderdale office at 954-765-3540 for a confidential consultation. We proudly serve clients in Fort Lauderdale, Hollywood, Davie, Plantation, Hillsboro Beach, Pembroke Pines, Coconut Creek, Coral Springs, Lauderhill, Deerfield Beach, and surrounding communities.