Why This Case Matters
Not all video evidence is as conclusive as it seems. This case shows how even in employer-driven investigations, strategic legal questioning and a deep understanding of evidentiary standards can reveal that what looks like guilt on paper might not stand up in court.
Imagine showing up for your shift at a major retail chain only to find yourself accused of stealing, placed under investigation, and suddenly facing felony grand theft charges. No prior record. No warning. Just the overwhelming fear that your future could be destroyed over a misunderstanding caught on camera.
That’s exactly what happened to our client—a hardworking Florida employee accused of register fraud and theft by her own employer. The evidence? A handful of video clips and a loss prevention report filled with assumptions. The stakes? A felony conviction, possible jail time, and the permanent loss of her reputation and career.
What stood between her and a life-changing criminal record? Fort Lauderdale criminal defense lawyer Dave Simmons, who knows how to dismantle weak cases—even when they come dressed as “evidence on video.”
The Charges She Faced
Our client—a retail employee at a large national chain—was arrested and charged with grand theft, a felony offense in Florida that carries significant penalties including prison time and a permanent criminal record. The allegations included:
- Theft of cash from a store register
- Fraudulent returns and voids
- “Sweetheart” transactions benefiting others improperly
If convicted, she faced not only possible incarceration but a permanent stain on her record. This would likely end her career in retail and limit future job opportunities.
What Happened
The allegations originated from internal loss prevention reports and surveillance video that appeared to show questionable register activity over multiple shifts. The employer accused our client of participating in a pattern of register fraud—voiding transactions, conducting false returns, and improperly handling refunds. Loss prevention reported that the register was repeatedly short on her shifts, and based on these findings, she was arrested and terminated from her job.
Our Strategic Approach
When Fort Lauderdale criminal defense attorney Dave Simmons stepped in, he began his investigation with a critical question. Could the surveillance footage actually prove theft beyond a reasonable doubt?
We approached the case with the assumption that the prosecution would heavily rely on the store’s video surveillance. Our client’s defense strategy included:
- Taking detailed depositions of both the store manager and the loss prevention officer. This step proved critical. Under questioning, both witnesses struggled to definitively connect the alleged losses to the actions seen on the video.
- Step-by-step video analysis. In the deposition, we asked both witnesses to pinpoint exactly where and how the fraud was occurring. Their answers were vague, inconsistent, and often speculative.
- Challenging the sufficiency of the evidence. We demonstrated that while the footage may have raised internal concerns, it did not satisfy the legal threshold for criminal theft—especially with no direct evidence of cash being stolen.
The prosecution took note. After reviewing the deposition transcripts and the weaknesses in the evidentiary chain, the Florida State Attorney’s Office agreed to dismiss the charges entirely.
The Result: Complete Dismissal and Expungement
Our client walked away from this case with:
- All charges dismissed
- No conviction, probation, or court supervision
- Record eligible for expungement, which we successfully completed
Her name was cleared, and she regained the ability to apply for future jobs without the burden of a criminal record hanging over her.
Why This Outcome Matters
Even when an employer accuses someone of theft and presents video footage, that doesn’t guarantee a conviction. Surveillance videos often appear compelling, but what matters in court is whether that footage, in combination with witness testimony, can prove every element of the charge beyond a reasonable doubt.
This case is a reminder that if you’re facing accusations of workplace theft:
- You have rights.
- You are presumed innocent.
- With the right legal strategy, dismissal is possible.
Are You Facing Florida Felony Grand Theft Allegations?
If you’ve been accused of workplace theft, register fraud, or employee embezzlement in Fort Lauderdale or Broward County, early legal representation is critical. At the Law Offices of Dave L. Simmons, P.A., we act quickly to challenge weak evidence, take strategic depositions, and build a defense before charges become convictions.
Our office serves clients in Fort Lauderdale and surrounding areas, including Lauderhill, Plantation, Coral Springs, and Pembroke Pines. Contact our office today at 954-765-3540 for a confidential consultation.
Let us help you protect your freedom, your reputation, and your future.
Note: Every case is unique, and past results do not guarantee future outcomes. The specific facts and circumstances of your case will determine the available defense strategies and potential outcomes.
