I am committed to providing exceptional legal counsel, service, and representation to people who’ve been charged with a theft-related offense in the Orlando, Florida area. Managing the overcrowded Florida courts without an experienced theft defense lawyer can be an intimidating process. At my criminal defense law firm I will aggressively defend your case by:

1. Collecting and reviewing all written, audio & video evidence;
2. Identifying all possible defenses;
3. Qualifying you for a pretrial diversion program;
4. Start negotiating with the prosecutor for a dismissal or reduced charges, and
5. Do whatever is necessary to avoid a criminal conviction.

EARLY REPRESENTATION CAN MAKE ALL THE DIFFERENCE

Early representation can often times convince your prosecutor to not file formal charges against you. It is important to start preparing your best defense as soon as possible, well before your first court date. Important facts in your case to consider are:

• Is there a lack of evidence or a conflict in the evidence?
• Were you read your Miranda rights? Were any of your statements illegally obtained?
• Are there other factors that show your lack of intent to commit a crime?
• Were there any witnesses to this incident? Is there any video evidence of this incident?
• Are there other factors or motivations that show lack of intent to commit a crime?

All Theft Charges are Crimes of Dishonesty

Anyone found guilty of grand theft, petty theft, unemployment compensation fraud, worker’s compensation fraud or employee theft is required to have their fingerprints taken in court which along with the police report and case disposition becomes a public record. Even if you are not convicted, your name can go into a national civil theft database used by employers when they conduct background checks. Additionally, prior convictions for theft can increase the potential sentence your are currently facing. A conviction for any theft offense can never be removed from your permanent record and can cause you to face enhanced penalties for any subsequent theft charge.

Types Of Theft Crimes

Petit Theft

Petit theft, also referred to as petty theft, is the unlawful taking of property valued at $750 or less from another with the intent to temporarily or permanently deprive the owner of the property. If the merchandise was taken from a store or business the offense can be charged as retail theft.

Grand Theft

One of the most commonly charged felony theft offenses prosecuted under Florida law is grand theft. Grand theft is the unlawful taking of property valued at more than $750 with the intent to temporarily or permanently deprive the owner of the property. The penalties for grand theft can be enhanced depending on the value of the property taken.

Other types of theft cases include:

• Employee Theft
• Robbery
• Burglary
• Dealing in Stolen Property
• Give False Information to a Pawn Broker
• Unemployment Fraud
• Public Assistance Fraud

FROM DISMISSAL TO EXPUNGEMENT: MY GOALS FOR YOUR CASE

During a free consultation, I will consider whether the following options are available to you. My goal is to do whatever is necessary to avoid a conviction.

Dismissing Your Charge

I can file a ‘Motion to Dismiss’ when there is insufficient evidence to support your criminal charges or when the court lacks proper jurisdiction to hear the case. Speedy trial and statute of limitations defenses can also lead to a complete dismissal.

Excluding Evidence

I can file a pretrial ‘Motion to Suppress’ where evidence may have been illegally obtained. This shifts the burden to the prosecutor to establish in court that all evidence was lawfully obtained. I challenge the State’s case at every stage of the police officer’s investigation (stop, detention, search, arrest, etc.).

Pretrial Diversion

I can apply for your participation in a pretrial diversion program. Your successful completion of the program will result in a dismissal of all charges.

Avoiding a Conviction

I can negotiate with the prosecutor and the court in an effort to secure a withhold of adjudication. This final disposition allows you to avoid a formal conviction.

Seeking a Reduced Sentence

I can present the court with background information and mitigating evidence that may result in a reduced sentence.

Expunging Your Record

After your case is resolved, I can petition the court to seal or expunge all public records relating to your arrest and prosecution. This includes your police report and entire court file. Expunging your record will require the clerk to physically destroy your entire court file and allows you to lawfully say that you have never been arrested or charged with the crime.  Only a select few government entities are entitled to sealed and expunged records

Recent Theft Case Law

Ulysse v. State, 174 So.3d 464 (Fla. 4th DCA 2015) In order for the use of force to be justifiable in defense of property, the victim must be interfering with property within the possession of the accused.  Claim of right defense is a defense to crimes of theft, not false imprisonment, and claim of right defense arises from the common law rule recognizing that a forcible taking of property under a bonafide claim of right is not robbery where the taker has a good faith belief that he is owner of the property or is entitled to immediate possession.

Harriman v. State, 174 So.3d 1044 (Fla. 1st DCA 2015) Voluntary abandonment may be a defense to a theft that is accompanied by an attempt to commit theft, although the crime is not charged under the attempt statute.  The separate offense of attempted grand theft does not exist in Florida because the statute uses the term or endeavors to obtain or use.

Wiechert v. State, 170 So.3d 109 (Fla. 2nd DCA 2015) When direct testimony concerning fair market value of items stolen is not available in a prosecution for theft, the state may establish value through evidence of (1) original market cost; (2) the manner in which the item was used; (3) the general condition and quality of the items; and (4) the percentage of depreciation.

I Defend all Theft Cases In Orange and Seminole County

If you were recently arrested or charged with any central Florida theft offense, please call my Orlando criminal defense law firm at 407-740-7275 to discuss your options. I offer a free consultation so that I can learn about you, learn about your case and determine how I can help.