FORT LAUDERDALE SHOPLIFTING/THEFT CRIMES ATTORNEY
The Law Office of Dave L. Simmons, P.A. is dedicated to defending those individuals accused of a criminal offense. Mr. Simmons is an experienced criminal trial attorney serving as a former Broward County Prosecutor and former Broward County Public Defender. The Law Office has represented hundreds of individuals charged with Shoplifting/Retail Theft/ Grand Theft And All Other Theft Crimes. The office, conveniently located near the courthouse in downtown Ft. Lauderdale, offers a FREE CONSULTATION so that we may discuss you case in person, and affordable payment plans can be arranged.
Theft is defined by the Florida Legislature as follows:
812.014(1) - Theft
- A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use the property of another with the intent to, temporarily or permanently:
- Deprive the other person of a right to the property or a benefit from the property.
- Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.
Petit theft is broken down to two subsets. (1) The taking of property valued at less than $100.00 is considered a 2nd degree misdemeanor, punishable by 60 days in the Broward County Jail and a $500.00 fine. (2) Property stolen that is valued between $100.00 and $299.00 is considered a 1st degree misdemeanor and carries a maximum penalty of 1 year in the county jail and a $1,000.00 fine.GRAND THEFT FIRST DEGREE FELONY
Property taken that is valued at $100,000 or more carries the maximum penalty of 30 years in prison and up to a $10,000 fine.GRAND THEFT SECOND DEGREE FELONY
Property taken valued between $20,000 and $99,999 carries a maximum penalty of a 15 year prison term and up to a $10,000 fine.GRAND THET THIRD DEGREE FELONY
Property taken valued between $300.00 and $19,999 carries a maximum penalty of a 5 years prison sentence and up to a $5,000.00 fine.SHOPLIFTING/RETAIL THEFT
Shoplifting is a term to describe a crime that involves depriving a merchant of his or her property. As with the case of any theft related crime, the severity of the charges will depend upon the value taken and can be categorized as either misdemeanors or felonies.THEFT IS CONSIDERED A CRIME OR MORAL TURPITUDE AND "PETIT THEFT DOES NOT EQUAL PETTY CONSEQUENCES."
Many theft crimes charged by the State Attorney's Office are considered retail theft in the Petit Theft or Grand Theft in the Third Degree range. It is the prospect of having a conviction on ones permanent record that gives the most trepidation to the individuals that are faced with these particular charges. A conviction or even an allegation of theft can have a devastating effect an individual's reputation and livelihood.
The Law Offices of Dave L. Simmons, P.A.
"Defending Your Theft Charge in Court"
If you have been charged with this offense by way of an arrest or notice to appear in court, you may feel embarrassed and upset at the situation. It is the goal of the Law Office of Dave L. Simmons, P.A. to have your case dismissed by utilizing every defense strategy available including:.
- Evaluate the Charge Pre-File: Police officers do not file criminal charges. A filing attorney within the State's Office will have ultimate discretion as to what charged will be filed. My Office will contact the filing attorney and based on the facts of the case try to have the case dismissed or filed as a lesser charge.
- Evaluate the Charge on Its Face and determine possible defenses for trial: Based on the facts of the case, can the prosecutor prove the case beyond and to the exclusion of every reasonable doubt. Will the State be able prove that you had the necessary "INTENT" to commit the crime or was this just a mistake or misunderstanding.
- Evaluate the Lawfulness of the Police Investigation: Did the police conduct a lawful investigation or did they violate certain constitutional rights.
- Evaluate the Option of Participation in a Diversion Program: Many individuals may benefit from acceptance into a diversion program known as "MDP" that upon successful admittance and completion, will have the result of your case being dismissed by the State Attorney's Office.
- Evaluate the Prospect of Negotiating with the Prosecutor for a More Favorable Sentence: Obtaining a disposition that includes an "adjudication withheld" can be beneficial in certain circumstances. You would maintain the right to truthfully state that you were not convicted of the charge. In addition this disposition would prevent the suspension of your driving privilege if you have been previously convicted of a theft crime.
- Evaluate the Option to Seal or Expunge Your Record: If otherwise eligible you may expunge your case if the disposition of the case was a "No Information" (the State Attorney's Office never formally filed your case or if the State entered a "Nolle Prosequi" (the State Attorney's Office dismissed your case post filing). If otherwise eligible, you would be able to have your case sealed with a disposition of an Adjudication Withheld.
The Law Offices of Dave L. Simmons, P.A. vigorously defends its clients against a shoplifting or a theft crimes conviction and the penalties that accompany this type of charge. Take the time to know your rights and defenses surrounding this charge by calling my office to set up your FREE CONSULTATION so that we may discuss your case in person: (954) 765-3540