If you are facing a petit theft case, do not worry! Petit theft is one of the most common types of charges prosecuted in Florida, especially Fort Lauderdale. In fact, the prosecution of petit theft is so common, that the Broward State Attorney’s Office has created a special program for first time offenders charged with petit theft in Broward County. If you qualify, it is usually the best way a criminal attorney can help you resolve your case.
First Degree Petit Theft
Goods Value from $100 – $299.99:
- Max Jail: 364 Days
- Max Probation: 12 Months
- Typical Penalty: Withhold Adjudication (no conviction) and Court Costs
Second Degree Petit Theft
Goods Value from $0.01 – $99.99:
- Max Jail: 60 Days
- Max Probation: 6 Months
- Typical Penalty: Withhold Adjudication (no conviction) and Court Costs
Misdemeanor Court Diversion Program
If you are a first time offender and are charged with petit theft, you may qualify for a “Misdemeanor Diversion Program.” If you qualify for the Misdemeanor Diversion Program, your case will be DISMISSED after you successfully complete the program and you will not have a criminal record for petit theft. Once your case is dismissed, we can then proceed with sealing your record. Please note that you may only seal a record one time in your life and you cannot have any prior convictions. If you have sealed a previous case or have a prior conviction, you will not be able to seal you petit theft case, even though it may have been dismissed.
FAQ’s @ Court Diversion for Petit Theft Charges
1) How do I get into MDP for petit theft?
Hiring a criminal attorney is a good first step.
At your first court appearance, your criminal attorney will review the court file and make sure the police reports do not reveal a traditional defense that can be used. Assuming everything is in order, your criminal attorney will then negotiate your entry into MDP with the prosecutor.
Your criminal attorney will handle everything. All you have to do is show up and sign an application form.
2) When do I apply for MDP for petit theft?
Your criminal attorney will handle the application at your first court appearance.
3) How do I know if MDP is right for my petit theft case?
When you first contact our offices, we will want to know a few basic things.
- Where did this happen?
- What is the value of the items in question?
- Who is the alleged victim?
- Did this happen at a retail store?
- Are there any witnesses?
- Are you aware of any surveillance video?
Our reason for asking these questions is to determine if you have any traditional defenses. If you do, then it may be worthwhile to take your case to trial.
If you do not have any traditional defenses or desire a rapid resolution of your case, then MDP may be right for you.
4) Why should I do MDP if I’m charged with petit theft?
If you successfully complete the program, the petit theft charges will be DISMISSED and you will have no criminal record for petit theft.
“Senior Intervention Program” for Petit Theft
If you are a senior citizen, you may qualify for another form of MDP designed for seniors charged with petit theft. Seniors Intervention Program is specifically designed to meet the needs of senior citizens who have been charged with petit theft.
Additionally, prosecutors are a bit more lenient with seniors charged with petit theft than others. For instance, a senior accused of petit theft may still get into the program even if he/she is not a first time offender.
Just like MDP, a person who successfully completes Senior Intervention Program will get their petit theft charges DISMISSED and will not have a criminal record for petit theft. Once the case is dismissed, we will also be able to seal your record, assuming you have never been convicted of a crime and that you have never sealed a record before.