Theft Defense
Knowledgeable Central Florida, Theft Defense Attorneys
Many people who face minor criminal charges such as theft or shoplifting plead guilty because they believe they are receiving a good deal from the State Attorney's Office and accept the offer without understanding all of the repercussions. However, pleading guilty will result in a criminal record. More importantly, certain theft offenses are known as enhanceable offenses. For example, if you have a prior conviction for petit theft, your subsequent offense for petit theft can be enhanced to a first degree misdemeanor or in certain circumstances a third degree felony. Likewise, all previous convictions can be used to enhance your sentence on a current robbery/burglary/theft charge. Would you want a criminal record for the rest of your life if there was something you could do to avoid it?
Before you consider pleading guilty to any criminal charge, you need to contact the attorneys of Jaeger & Blankner to discuss your options. We handle the wide range of theft cases that include the following:
- Shoplifting
- Petty theft (theft of property worth less than $300)
- Grand theft (theft of property worth $300 or more)
- Robbery
- Burglary
If you have been arrested for Theft Charges, you probably have the following questions:
If Convicted what kind of consequences do I face?
It is important to remember that the seriousness of the theft offense you are charged with depends on the amount taken and whether you have prior arrests. It also depends upon the type of crime committed. For example, if you enter a home or business to commit theft, you will be charged with burglary of a dwelling. If the home or business is occupied and/or if you or your loved one entered the home/business with a deadly weapon, such as a firearm, the classification of the crime increases exponentially. As a general guideline, depending on the classification of your charge, the Court may sentence you up to the maximum incarceration and maximum fine guidelines.
| Classification | Maximum Incarceration | Maximine Fine |
| First Degree Misdemeanor | Year Jail | $1,000 |
| Third Degree Felony | Five Years Prison | $5,000 |
| Second Degree Felony | Fifteen Years Prison | $10,000 |
| First Degree Felony | Thirty Years Prison | $30,000 |
Jail
If you are facing potential jail time, there may still be some options available to you.
• Home Confinement: Through electronic monitoring by ankle bracelet, you may be eligible to serve your jail sentence at home with the ability to leave your residence for employment purposes only. To be eligible, the Court must have no objection and you must be pre-screened for entry into the program.
• Work Release: The Work Release Center provides supervised dormitory-type housing for inmates who maintain employment in the community. To be eligible, the Court must have no objection to your entry and you must be pre-screened for entry into the program.
Supervised Probation
If convicted of Theft Charges, you may have to report for supervised probation in order to complete your sentence. Generally, cost of supervision is thirty dollars a month and may consist of random urine tests for the presence of drugs. The probation officer will ensure that you have committed no additional crimes during the term of your probation and complete the other terms of your sentence such as community service, classes, ect. If you fail to complete all the sanctions ordered by the Court, the probation officer will file a violation of probation and you will be charged with an additional crime. On the other side, if you are able to complete all the court ordered sanctions, you may be eligible for early termination of probation.
Drug Evaluation and Treatment
Drug evaluation and treatment may be ordered as a sanction of your probation if drugs and/or substance abuse was a contributing factor to the theft. Generally, you will be evaluated by a panel to determine which program is appropriate. Treatment varies depending upon the program recommended by the panel. During the course of your treatment, you will be subjected to random urine tests, at your expense, which tests for the presence of alcohol and/or controlled substances.
Community Service
There are numerous tasks/jobs you may do to complete the requirement of community service hours. In addition, you may be able to “buy out” your community service hours at the rate of ten dollars an hour, depending on the Court’s ruling. In the event you are unable/unwilling to buy out the community service hours, ask your probation officer for a list of approved tasks/jobs that best suits your abilities.
Fine and Costs
Fines and costs may be made up of a fine imposed by the court, court costs, cost of prosecution ($50 for a misdemeanor; $100 for a felony), and costs of investigation by law enforcement.
Fines may have to be paid in full by the end of your probationary term or you may be eligible for collection court. Collection court allows you to make monthly payments, until paid in full, with a $5 monthly charge. If you have been sent to collection’s court and fail to pay, you may be sentenced to jail depending on your failure to timely notify the court of your lack of payment.
What strategies do you have for a successful outcome?
Plea Negotiation
Plea negotiations take place throughout your case in the form of meetings with the prosecutor, pretrial conference, and plea conferences. If plea negotiations are initially unsuccessful, then the firm of Jaeger & Blankner may file motions, which may result in a dismissal or reduction in charges, or suppression of the evidence against you.
Motion to Dismiss
Generally there are three types of motions to dismiss, which if successful will result in the court dropping the charges
against you.
• The prosecutor failed to bring you to trial within a certain amount of time from the point you were arrested in violation of your right to speedy trial
• The case has gotten so old that it is in violation of the Statute of Limitations
Motion to Suppress
Trial
If the motion to suppress/motion to dismiss is unsuccessful, the Firm of Jaeger & Blankner is fully prepared to bring your case before a jury in order to prove your case. For a better understanding of our mission and philosophy, please visit our Firm Overview page.
After my case is resolved, what concerns should I have?
Impulse Control Class
Impulse control class may be ordered as a sanction of your probation. It is an eight hour course that uses integrity therapy and behavior modification to explore conduct and consequences of negative decisions and actions. The class is intended to reduce reoccurrence of an individual committing a theft and is designed to help offenders examine their behavior, attitude and actions.
Sealing and Expungements
In certain circumstances, you may be eligible to have your record sealed and even expunged depending on the nature of your charges as well as your criminal history.A sealed record occurs upon motion by the petitioner to have a charge/offense physically sealed so that a private party/employer is prevented from learning of its content. However, in certain circumstances your record may be allowed viewed by certain state and law enforcement agencies. Generally, the requirements to be eligible for sealing your record include:
• Having never been previously adjudicated guilty for a past offense and
• Having no subsequent pending arrests
An expunged record results in the physical destruction of your file and occurs upon motion by the petitioner. Generally, the requirements for eligibility for expunging your record include the following:
• Having never been previously adjudicated guilty for a past offense and
• Having no subsequent pending arrests
During your consultation with a member of our firm, please ask us whether your case is a candidate for sealing or expunging your record after the case has been resolved. In many circumstances, we will gladly file the necessary paperwork and represent you during the hearing to have your record sealed or expunged WITHOUT ANY EXTRA FEE (just the cost for filing the motion with the clerk’s office).
