Thanksgiving Burglary Dismissal
When theft-related charges escalate to burglary, the stakes are higher. See how we achieved a dismissal in a complex property case.
Read More →Charged with Theft in Florida?
Aggressive Defense for Petit, Grand, and Retail Theft Charges
Former Law Enforcement Insight | Strategic Legal Defense
Request Your Free ConsultationTheft Defense Articles
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Theft Charges & Your Future: Why "Petit" Theft Can End a Graduate Career
Florida's hidden 5-year statute of limitations for retail theft (F.S. 812.035(10)) can trap the unwary. A withhold of adjudication isn't always enough—learn why dismissal matters for your career.
Read Article →Forensic Video Analysis in Defense
Surveillance footage is often key in theft cases. Learn how we use forensic video analysis to challenge the prosecution's narrative.
Read More →Understanding Probable Cause
Was there sufficient basis for your detention or arrest? Challenging probable cause can lead to evidence suppression.
Read More →Criminal Procedure: Pre-Trial Motions
Pre-trial motions can shape the outcome of your case before trial even begins. Learn how we use motions strategically.
Read More →Related Topics
Florida Theft Defense Attorney
Fight the charge now—protect your record and your future.
Why the Stakes Are So High
A single theft accusation can snowball into lost employment, public booking photos, and a permanent criminal record. Our goal is simple: get the case dismissed or secure a withhold of adjudication so you remain eligible to seal and expunge the charge.
- Employment & Licensing: Background checks expose even minor theft convictions.
- Housing & Loans: Landlords and lenders routinely deny applicants with theft records.
- Online Reputation: Mugshot sites publish your booking photo within hours—often for a fee to remove it.
Our Blueprint for Dismissal (or Withhold)
- Advanced Video Analysis: When video evidence is involved, you need more than a cursory glance. Our firm employs forensic video analysis to scrutinize footage from any source – bodycams, surveillance systems, and more. We clarify audio to capture vital sounds and conversations, and enhance video to ensure no detail that could support your case is overlooked.
- Intent vs. Mistake: Jury instructions require proof you intended to deprive the owner. We highlight misunderstandings, mis‑scans, or ownership disputes.
- Challenging Value: Charge level hinges on property value (§ 812.014). We dispute inflated estimates to reduce felonies to misdemeanors.
- Chain‑of‑Custody Review: Any gap can exclude key evidence.
- Priors & Enhancements: We work to keep past allegations out of court and off the scoresheet.
- Examining Probable Cause: We assess if there was valid probable cause for your arrest, as a lack of it can lead to dismissal.
Seal & Expunge Eligibility
A dismissal or withhold of adjudication keeps the door open to sealing and expungement—erasing the case from public record. We structure every plea offer and motion with that long‑term goal in mind.
Charges We Defend
- Petit Theft (< $750)
- Grand Theft (Third‑Degree)
- Retail Theft / Shoplifting
- Employee Theft
- Dealing in Stolen Property
Understanding Potential Penalties in Florida
A theft conviction can lead to serious consequences, including jail or prison time, significant fines, lengthy probation, and a permanent criminal record (adjudication of guilt) that impacts future employment, housing, and civil rights. The specific penalties depend on the charge (Petit Theft, Grand Theft, Retail Theft) and its degree, the value of the property, and any prior offenses.
- Petit Theft (Misdemeanor):
- Penalties can include up to 1 year in jail, probation, fines up to $1,000, and court costs. An adjudication of guilt will result in a criminal record.
- Grand Theft (Felony):
- Penalties are much harsher, ranging from up to 5 years in prison for third-degree grand theft to up to 30 years for first-degree grand theft. Fines can reach $10,000 or more. A felony conviction (adjudication of guilt) has lifelong consequences.
- Retail Theft (Shoplifting):
- Charged as petit or grand theft based on value. In addition to jail, probation, and fines, specific penalties can include driver's license suspension, civil penalties to the store, and mandatory anti-theft classes. An adjudication of guilt is a strong possibility.
- Important: Florida has a special 5-year statute of limitations for retail theft (F.S. 812.035(10))—much longer than the standard 2 years for misdemeanors. Case Study: How we secured a dismissal the night before trial for a graduate student facing charges filed years after the incident.
Our primary goal is to avoid an adjudication of guilt and seek a dismissal or a withhold of adjudication, keeping your record clean and preserving your ability to seal or expunge the charge.
Request Your Free Case Review →
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Meet Our Dedicated Team
Jeff Lotter
Attorney | Founder
An experienced Orlando attorney, Jeff brings more than two decades of front-line law enforcement and legal experience to every case. As a former Florida State Trooper and Orange County Deputy Sheriff, he offers clients a powerful advantage: insider knowledge of police procedures and prosecution strategies. Now solely dedicated to criminal defense, Jeff—a Military Veteran —approaches the courtroom as a battlefield. You, the client, are the General; Jeff is the battlefield commander executing your mission. Grounded in his Christian faith and committed to protecting freedom, Jeff sees every case as an opportunity to push back against government overreach and defend the individual against unjust intrusion. Married for over 20 years with two children, he brings the same unwavering dedication to protecting your rights as he does to his own family.
Stacy Sanchez
Senior Legal Assistant
Since beginning her legal career in 2014, Stacy has brought unwavering dedication to the field of criminal defense. She joined Lotter Law in 2021 and has since become an integral part of the team, known for her reliability, compassion, and sharp attention to detail. Originally from New York and raised in Orlando, Stacy blends tenacity with a warm, client-centered approach. Driven by a deep desire to help others, she believes every person deserves to be treated with dignity and respect—especially during some of the most difficult moments of their lives. Her strong family values guide her empathetic communication and relentless work ethic. With over a decade of experience and a genuine passion for criminal defense, Stacy continues to make a meaningful impact every day at Lotter Law.
Marissa Rodriguez
Legal Assistant
Born and raised in Orlando, Florida, Marissa joined the firm in 2022 with a strong passion for criminal defense. She has become a valued member of the team, known for her strong work ethic, and dedication to client service. Graduating at the top of her class, Marissa brings both academic excellence and practical experience to her role. Her hardworking and reliable nature ensures that every case is handled with care and precision.
DWLSR Frequently Asked Questions
What is the difference between “unknowingly” and “knowingly” DWLSR?
If you genuinely had no notice that your license was suspended, the ticket is a non‑criminal civil infraction. Once the State proves you knew — by prior notice, previous citation, or admission — it becomes a crime punishable by jail.
How does someone become a Habitual Traffic Offender (HTO)?
Three qualifying convictions (DWLSR, DUI, or Leaving the Scene) within five years automatically triggers a 5‑year license revocation. We can petition DHSMV for relief or attack prior convictions to break the HTO chain.
Can I get a hardship license while my license is revoked as an HTO?
Yes — after one year of no driving, proof of Advanced Driver Improvement (ADI) school, and installation of an ignition interlock if required. We guide you through the hearing and paperwork.
Will a DWLSR conviction raise my insurance rates?
Absolutely. Insurers treat DWLSR like reckless driving because it suggests uninsured risk. Avoiding a criminal conviction — or converting it to a civil finding — is crucial to protect your premiums.
Do I have to appear in court for a DWLSR charge?
Often, no. With a properly filed plea‑in‑absentia or a written not‑guilty plea, we attend on your behalf so you can keep working.
How can Lotter Law help me?
We investigate DHSMV records, subpoena training logs, dissect body‑camera footage, and file targeted motions to dismiss or reduce the charge. Our goal: no conviction, no points, and no HTO status.
Office Consults By Appointment Only
Law Office of Jeff Lotter PLLC
200 E Robinson St Suite 1140
Orlando, FL 32801
Serving Central Florida, including Orange County.
Get DirectionsFrequently Asked Questions About Theft Charges
In Florida, the primary difference is the value of the property allegedly stolen. Generally, if the property is valued at less than $750, it's petit theft (a misdemeanor). If it's $750 or more, or involves certain specific items like firearms or motor vehicles, it's grand theft (a felony). Penalties for grand theft are significantly more severe.
Yes, even a first-time petit theft (misdemeanor shoplifting) can carry potential jail time (up to 60 days for second-degree, up to 1 year for first-degree petit theft), though it's not always imposed, especially with strong legal representation and mitigating factors. Felony retail theft (grand theft) carries a higher likelihood of jail or prison. An attorney can explore options like pre-trial diversion programs to potentially avoid jail and a conviction.
Lack of intent is a crucial defense. Theft crimes require the prosecution to prove you *intended* to unlawfully deprive the owner of their property. If you took something by accident, genuinely forgot to pay, or believed you had a right to it, this can be a strong defense. An attorney can help gather evidence to support your claim of no intent.
Video surveillance from stores or body camera footage from officers can be critical evidence. It might support the prosecution's case, but it can also reveal inconsistencies, show a lack of intent, prove misidentification, or demonstrate procedural errors by store security or police. Thorough analysis of all video evidence by an experienced attorney is essential to determine how it impacts your defense.
Pre-Trial Diversion (PTD) is a program often available for first-time, non-violent offenders, including some petit theft cases. If accepted, you complete certain requirements (like classes, community service, restitution). Upon successful completion, the charges against you are typically dropped, allowing you to avoid a criminal conviction.
Office Consults By Appointment Only
Law Office of Jeff Lotter PLLC
200 E Robinson St Suite 1140
Orlando, FL 32801
Serving Central Florida, including Orange County.
Get DirectionsReady to Discuss Your Theft Case?
Don't face these charges alone. Contact Lotter Law today for a free, confidential consultation.
Or, reach us directly:
Law Office of Jeff Lotter PLLC | 200 E Robinson St Suite 1140, Orlando, FL 32801