Theft Charges Lawyer In Florida: How To Defend Your Rights

You never imagined you’d be here—facing theft charges in Florida, with your future suddenly clouded by the possibility of jail time, steep fines, a suspended license, and a permanent mark on your record. Whether you’ve been accused of shoplifting, grand theft, or a related crime, the consequences can reach far beyond the courtroom, threatening your job prospects, housing, and reputation. The stakes are real: Florida law treats theft offenses seriously, with penalties ranging from misdemeanors to felonies and collateral consequences that can upend your life. Having a skilled and knowledgeable Theft Charges Lawyer like Michael Fayard, may be the difference between a conviction and a much better result.

At its core, theft in Florida means knowingly taking or using someone else’s property without consent, whether it’s a quick mistake at a store or a misunderstanding over borrowed equipment. But theft charges often overlap with more severe accusations like robbery or burglary, and each carries its own legal definition and risk level—making it critical to understand exactly what you’re up against.

When your freedom and future are at risk, you need more than basic legal advice. You deserve a theft charges lawyer who knows both sides of the courtroom. Michael Fayard brings a rare perspective as a former prosecutor and seasoned defense attorney, offering clients in Sarasota, Manatee, and DeSoto Counties not just legal expertise, but real-world insight into how prosecutors build cases. With options for free and video consultations, flexible payment plans, and bilingual service, he’s committed to making quality defense accessible—because every detail counts when protecting your rights.

This article breaks down what you need to know about theft offenses under Florida law, outlines proven defense strategies, and guides you through choosing the right lawyer to fight for your best possible outcome. If you’re ready to understand your options and defend your future, you’re in the right place.

A Theft Charges Lawyer can help you Understand Theft Offenses Under Florida Law

Theft Charges Lawyer, Michael Fayard, who is a former prosecutor, has handled countless theft cases. He can help you understand the crime and potential ramifications. Florida’s theft statutes sit in Chapter 812 of the Florida Statutes, and they cast a wide net over everything from pocketing a small item at a convenience store to elaborate grand theft schemes. At its core, theft happens when someone knowingly obtains or uses another person’s property—tangible or intangible—without their consent and with the intent to deprive the owner, permanently or even temporarily. Because the law covers so many scenarios, knowing which category your case falls under is the first step toward mounting an effective defense.

These categories include everyday instances like shoplifting, more serious felonies such as grand theft, and even theft of services (think sneaking out of a restaurant without paying). Florida also recognizes some less obvious offenses, like driving off without paying at the pump or failing to return leased equipment after written demand. Each of these actions carries different degrees of charges and penalties, which makes it essential to understand the specific elements that prosecutors must prove in your case.

Elements of a Theft Offense

For the State to convict you of theft, three basic elements must be proven beyond a reasonable doubt:

1. Taking or Control: You must have obtained or exercised control over someone else’s property. That can be physical possession, electronically transferring funds, or even using deception to manipulate property.
2. Lack of Consent: The owner did not authorize you to take, use, or withhold their property. Consent can be express or implied, so evidence of any permission—written or verbal—matters.
3. Intent to Deprive: You must have intended to permanently or temporarily deprive the owner of the property. Florida requires specific intent, not just an honest mistake or forgetfulness.

If any one of these elements is missing—for example, you genuinely believed the property was yours, or you had permission—you may have grounds for a strong defense.

Examples of Theft Offenses in Florida

• Shoplifting Merchandise: Grabbing an item under $100 from a retail shelf without paying is typically charged as second-degree petit theft, a misdemeanor.
• Credit Card Fraud: Using someone else’s debit or credit card information—online or in person—can lead to felony charges, depending on the total losses.
• Drive-Off at Gas Stations: Pulling away without paying for fuel triggers not only theft charges but also possible suspension of your driver’s license.
• Unreturned Leased Equipment: Failing to return rented tools or machinery after a written demand can escalate from a civil dispute into a criminal offense under Florida law.

Imagine a contractor who rents an aerial lift for a weekend job but neglects to return it after the rental period and ignores follow-up notices. That one oversight could land him in criminal court—not just in small-claims court.

Civil vs. Criminal Theft

While criminal theft involves state-filed charges and potential jail time, civil claims for conversion or statutory “civil theft” let private parties sue for damages when property is taken or withheld, including up to three times the actual value. Even if you resolve the criminal case, a victim can still pursue a separate civil remedy to recover money or property. In this article, however, our focus remains on the criminal side—protecting you from state prosecution and the penalties that follow.

Key Distinctions: Theft vs. Robbery vs. Burglary

Though theft, robbery, and burglary can all involve taking someone else’s property, each offense hinges on different actions and circumstances. Plain theft typically means secretly or deceptively appropriating property without consent. Robbery elevates that wrongdoing by adding force, violence, or intimidation in the victim’s immediate presence. Burglary, on the other hand, centers on unlawful entry into a structure with intent to commit a crime—whether or not anyone is confronted. Pinpointing which offense you face is crucial to crafting the right defense.

For a closer look at how Florida defines theft and related offenses, check out our theft definitions overview. Below, we break down the core elements that differentiate these crimes and show how a simple accusation can escalate under state law.

Defining Robbery in Florida

Robbery under Florida law occurs when someone takes property from another person—or from that person’s immediate presence—by force, violence, assault, or intimidation. Florida Statutes § 812.13 classifies standard robbery as a second-degree felony, carrying up to 15 years in prison and a $10,000 fine. When a weapon is used or a victim is injured, charges can escalate to a first-degree felony, with penalties up to 30 years or more.

Example: Pulling a knife on a cashier to snatch cash from the register is robbery, not mere theft, because it involves force and direct confrontation with the victim.

Understanding Burglary Charges

Burglary focuses on the act of unlawfully entering or remaining in a structure with the intent to commit theft or another felony inside. Under Florida Statutes § 810.02:

• Residential Burglary (first-degree felony): Entering a dwelling—occupied or not—punishable by up to 30 years in prison and a $10,000 fine.
• Non-Residential Burglary (second-degree felony): Entering a commercial building, office, vehicle, or other non-dwelling structure, punishable by up to 15 years in prison and a $10,000 fine.

Example: Smashing a back window to slip into an empty store and remove electronics constitutes second-degree burglary, even without confronting anyone inside.

Degrees of Theft Under Florida Statutes Chapter 812

Florida divides theft into degrees based primarily on the value of the property taken. You can review the full statute text at https://flsenate.gov/Laws/Statutes/2024/Chapter812/All. Below is a summary of each theft degree, the corresponding value range, the classification, and the maximum penalty:

Degree	Value Range	Classification	Max Penalty
Second-degree petit theft	Less than $100	Misdemeanor, 2nd degree	60 days jail, $500 fine
First-degree petit theft	$100 to less than $750	Misdemeanor, 1st degree	1 year jail, $1,000 fine
Third-degree grand theft	$750 to less than $20,000	Felony, 3rd degree	5 years prison, $5,000 fine
Second-degree grand theft	$20,000 to less than $100,000	Felony, 2nd degree	15 years prison, $10,000 fine
First-degree grand theft	$100,000 or more	Felony, 1st degree	30 years prison, $10,000 fine

Special provisions:

• Theft of property directly from the person, regardless of value, often elevates the charge to a first-degree misdemeanor.
• Taking property from a dwelling can trigger third-degree felony charges, even if the value is under typical grand theft thresholds.

Petit Theft: Classifying and Penalties

Petit theft covers lower-value property offenses but is split into two levels under Florida law:

• Second-degree petit theft (Class A misdemeanor):
  • Property value under $100
  • Punishable by up to 60 days in jail and a $500 fine
• First-degree petit theft (Class A misdemeanor):
  • Property value $100 to less than $750
  • Punishable by up to 1 year in jail and a $1,000 fine

In practice, judges frequently suspend jail time in favor of probation, community service, restitution, or a combination of these. Even a low-level theft conviction can carry lasting consequences, so it’s crucial to explore every defense option.

Grand Theft: Felonies and Penalties

Once the stolen property’s value meets or exceeds $750, Florida law classifies the offense as grand theft, a felony:

• Third-degree grand theft:
  • $750–$19,999.99
  • Up to 5 years in prison and a $5,000 fine
• Second-degree grand theft:
  • $20,000–$99,999.99
  • Up to 15 years in prison and a $10,000 fine
• First-degree grand theft:
  • $100,000 or more
  • Up to 30 years in prison and a $10,000 fine

Beyond the base penalties, repeat-offender enhancements can increase prison time, and theft of certain items—like firearms, motor vehicles, or controlled substances—may carry mandatory minimum sentences. A seasoned theft defense attorney will identify any special category that applies and work to minimize the impact on your case.

Penalties and Consequences of a Theft Conviction in Florida

A theft conviction in Florida carries more than just a label on your record—it triggers a series of immediate and lasting penalties. Depending on the degree of theft, you could face jail or prison time, fines, probation, or community service. For petit theft misdemeanors, judges often impose up to a year in county jail or six months for lower‐level offenses, alongside fines that can reach $1,000. Grand theft felonies ramp up the stakes: prison sentences of up to 30 years and fines as high as $10,000. Probation might be an option, but it typically comes with strict reporting requirements, random drug testing, and court‐ordered community service hours. Failing to comply can mean more jail time or a probation revocation.

Beyond these direct penalties, a theft conviction triggers a host of collateral consequences. Your driver’s license could be suspended if your case involves a drive‐off at the pump. You may be ordered to pay restitution to the victim—often covering the full retail value of the property plus court costs. And even after you serve your sentence or probation, supervised release can extend oversight, requiring regular check‐ins with a probation officer and limiting your travel or employment opportunities. For non-citizens, a theft conviction can raise serious immigration issues, including deportation or a bar on naturalization.

Long after your case is closed, the ripple effects of a conviction can persist. Prospective employers and landlords routinely run background checks, and a theft conviction can disqualify you from certain jobs or rental applications. Professional licensing boards in fields like healthcare, finance, real estate, and security may impose suspensions or outright denials. Educational institutions sometimes review criminal records during admissions or scholarship decisions, potentially jeopardizing your academic goals. Understanding both the immediate and downstream consequences highlights why it’s critical to mount a strong defense from the outset.

Collateral Consequences for Employment and Licensing

A theft conviction often surfaces when you least expect it—during a job application or rental screening. Many employers view convictions for dishonesty as a red flag, particularly in positions that handle money, sensitive data, or vulnerable populations. Even entry-level retail or hospitality roles may be off-limits. Landlords and property managers can refuse housing or impose higher security deposits. For professionals—nurses, accountants, real estate agents, or security personnel—a theft conviction can trigger disciplinary action by state licensing boards. In some cases, you may be required to file costly compliance plans or face license suspension until you demonstrate rehabilitation.

Restitution and Civil Recovery

In addition to fines and incarceration, Florida courts typically order restitution to make victims whole. Restitution can encompass the retail value of the stolen items, repair costs, and even lost business profits. This obligation is separate from court fines and can stretch over multiple years, with the clerk’s office garnishing your wages or intercepting tax refunds for missed payments. On top of criminal-court restitution, property owners may pursue civil lawsuits for “conversion” or statutory civil theft, seeking treble damages and attorney’s fees. That means a single incident of theft can saddle you with both criminal penalties and a civil judgment—compounding the financial impact well beyond your time in jail or on probation.

The Criminal Defense Process for Theft Charges in Florida

Navigating a theft case in Florida often feels like being caught in a legal whirlwind—arrest paperwork, court dates, and unfamiliar procedures moving fast. Understanding each stage of the criminal process can help you stay one step ahead. While no two cases follow the exact same path, most theft charges involve a series of procedural milestones: arrest and booking, first appearance (sometimes called a bail hearing or arraignment), discovery and pretrial motions, plea negotiations or trial preparation, and finally sentencing or resolution. Involving an attorney early—especially someone familiar with local courthouses—allows you to protect your rights from day one and shape a defense strategy tailored to your situation.

Arrest, Booking, and First Appearance

The journey begins the moment law enforcement places you under arrest. You should immediately invoke your right to remain silent and request an attorney before answering any questions. At booking, you’ll be fingerprinted, photographed, and entered into the system—procedures that can produce evidence used against you later. Within 24 hours (excluding weekends and holidays), you’ll face a first appearance before a judge, where charges are formally read, bail is set, and conditions of release (such as no-contact orders) may be imposed. An experienced theft charges lawyer can argue for reasonable bail or alternative release conditions—like electronic monitoring or supervised release—so you can continue working or handling family responsibilities.

Discovery and Pretrial Motions

Once formal charges are in place, your attorney moves into discovery: gathering every piece of evidence the State has, from police reports and body-cam footage to witness statements and surveillance video. A thorough review often reveals flaws—like an improperly obtained search warrant or gaps in a witness’s memory—that can be challenged in court. Your lawyer might file pretrial motions to suppress evidence, dismiss counts that don’t meet legal requirements, or clarify legal issues, such as whether the value of the stolen property meets a felony threshold. These motions can shape the prosecutor’s view of your case and sometimes result in dropped or reduced charges long before trial.

Plea Bargaining vs. Trial Preparation

In many theft cases, securing a favorable plea deal is the quickest way to avoid harsh penalties. Your attorney will negotiate with the State Attorney’s Office, presenting mitigating factors—like lack of a prior record or restitution already paid—to argue for reduced charges or alternative sentences (community service, diversion programs, or probation). At the same time, a strong lawyer stays trial-ready: lining up witnesses, consulting experts (such as property appraisers or video analysts), and preparing exhibits that undermine the prosecutor’s narrative. If negotiations stall or you decide to fight the charges, your attorney will be fully equipped to challenge the evidence in front of a jury—and hold the State to its burden of proof.

Common Defense Strategies for Florida Theft Charges

When the State accuses you of theft, it must prove every element beyond a reasonable doubt. A skilled attorney can raise questions about those elements or present alternative explanations for what happened. While each case is unique, several tried-and-true defenses frequently turn the tide in theft cases. These include challenging intent, identifying misidentification, showing consent, and—even if less common—raising entrapment, duress, or a solid alibi. Below are three of the most powerful strategies and how evidence is gathered to support them.

Lack of Intent and Mistake of Fact

Florida theft statutes hinge on specific intent—the idea that you knowingly intended to permanently (or temporarily) deprive the owner of their property. If you can show you believed you had a right to the item, or that taking it was an honest mistake, the prosecution’s case may collapse.
• Documentary evidence—receipts, rental agreements, or text messages—can demonstrate your belief in lawful possession.
• Circumstantial proof—like testimony that you returned the property immediately upon realizing an error—can undercut the claim of intent.
• Expert testimony—say, from a digital forensics specialist or accountant—can explain how a bank transfer or inventory system glitched, leading to a misunderstanding rather than a deliberate appropriation.

Mistaken Identity and Eyewitness Reliability

Human memory is fallible, and witnesses—whether store employees or bystanders—can honestly misremember faces, heights, or even the clothing someone was wearing. To challenge identification:
• Request surveillance footage or point-of-sale video that shows the alleged culprit from multiple angles.
• Analyze lighting, distance, and video quality; a grainy clip might not meet the “beyond reasonable doubt” standard.
• Develop an alibi using time-stamped receipts, GPS metadata from a phone, or credible third-party witnesses who place you elsewhere.
Cross-examining the State’s witnesses on their vantage point and prior familiarity with the scene often exposes inconsistencies, planting seeds of doubt for jurors.

Consent and Authorization

Not all “unauthorized” use of property is criminal. If you had express or implied permission to take, use, or hold an item, the State cannot prove a lack of consent. To build this defense:
• Gather written agreements—rental contracts, loaner forms, or email approvals—that outline your right to possess the property.
• Secure witness statements from the owner or other parties who can confirm you were acting within the scope of permission.
• Highlight any course of conduct indicating past, similar use without objection, demonstrating the owner never intended to accuse you of theft.

Entrapment, duress, or coercion—where law enforcement or third parties tricked, threatened, or forced you into taking property—can also apply in limited scenarios. And a rock-solid alibi supported by records or credible testimony may outright prevent the State from placing you at the scene. A comprehensive defense strategy considers every angle, uncovers documents, consults experts, and leaves no question unasked—all to protect your rights and secure the best possible outcome.

How the Florida Criminal Punishment Code Influences Sentencing

Florida doesn’t leave sentencing to chance. Instead, the Florida Criminal Punishment Code (CPC) provides a structured “scoresheet” system to calculate recommended incarceration ranges. By assigning numerical values to your current theft offense, any additional charges, and your prior record, the CPC aims for uniformity—so two people convicted of similar crimes under similar circumstances receive comparable sentences. While judges have discretion to deviate from the guidelines, the CPC score is the starting point for negotiations, plea offers, and ultimately, any departure requests.

At its core, the CPC steps are:

1. Assign offense severity points for each primary and additional charge.
2. Tally prior record points based on past convictions.
3. Factor in any statutory enhancements or recognize mitigating circumstances.
4. Plug the total into the sentencing formula to determine the lowest permissible prison term:

   (Total Points – 28) × 0.75 = Minimum Months
   

Points above 44 yield a higher “numerical scoresheet sentence,” while totals below 28 generally justify non-prison sanctions such as probation. Understanding how each element contributes to your CPC score can shape a defense strategy—whether arguing for a lower severity ranking, challenging prior record entries, or highlighting mitigating factors to tip a judge toward a downward departure.

Assigning Offense Severity and Prior Record Points

Each theft degree carries a baseline severity level between 1 and 10 under the CPC. For example, third-degree grand theft (a Level 4 felony) typically starts at 22 offense points. If you face multiple related charges—say, grand theft plus credit card fraud—the points for both offenses combine, further driving up the recommended range.

Once your primary offense points are set, your prior record comes into play. Florida assigns points for past convictions depending on severity:

• Violent felonies and higher-level crimes yield more points.
• Misdemeanors add fewer points but still nudge the total upward.

Say you have a Level 4 theft (22 points) and one prior lower-level felony (20 points): your subtotal would be 42. Plugging into the CPC formula suggests a minimum sentence well above probation—unless you successfully contest one of those entries or persuade the court that your youthful mistakes should carry less weight.

Enhancements and Mitigating Factors

Beyond base points, the CPC allows for extra “enhancement” points or recognizes mitigating circumstances that adjust your score. Common enhancements include:

• Use of a weapon or firearm during the offense.
• Physical injury to a victim.
• Commitment of the crime while under supervision (probation, parole, or community control).

Each of these can tack on additional points, pushing a case up to the next sentencing bracket.

On the flip side, mitigating factors give you reason to ask for a downward departure:

• Minimal or passive role in a larger criminal episode.
• Prompt restitution to the victim.
• Substantial assistance to law enforcement.
• Demonstrated rehabilitation, such as steady employment or completion of counseling programs.

A seasoned theft charges lawyer will compile affidavits, employment records, and character references to document these positive factors—arguing that the guidelines overstate the risk you pose and that probation or community-based sanctions serve justice better than incarceration.

By navigating these scoresheet mechanics—contesting severity rankings, limiting enhancements, and spotlighting true mitigation—a skilled attorney can meaningfully influence your sentencing outcome under Florida’s Criminal Punishment Code.

Why You Need a Dedicated Theft Charges Lawyer

Facing theft charges without specialized legal help can leave you exposed to hidden pitfalls and missed opportunities. Florida’s theft statutes are intricate—and every county handles these cases slightly differently—so relying on generic advice or representing yourself often leads to harsher outcomes. A dedicated theft charges lawyer brings focused expertise, local insight, and a proven defense strategy tailored to your circumstances. Below, we explain why having the right attorney from day one makes all the difference.

Complexity of Florida Theft Laws and Local Procedures

Florida’s theft statutes (Chapter 812) cover a wide array of scenarios—from petty shoplifting to elaborate grand theft schemes—each carrying its own thresholds and penalties. On top of that, judges and prosecutors in Sarasota, Manatee, and DeSoto Counties may interpret and apply these rules differently.
• Local court calendars, pretrial diversion programs, and diversion eligibility can vary by county.
• Formal demands, written notices, and notice-to-owner requirements for leased property are frequently overlooked by non-specialists.
• Florida’s Criminal Punishment Code adds a layer of complexity, requiring precise calculation of offense severity and prior record points.

A lawyer who focuses on theft cases knows how to navigate this maze—spotting procedural errors in an arrest, identifying outdated valuation methods, or finding local diversion opportunities that could keep your record clean.

Risks of Self-Representation

Choosing to represent yourself—or relying on a general practitioner—introduces significant risks:
• Missing critical deadlines for filing motions to suppress illegally obtained evidence (like a faulty search warrant).
• Overlooking informal diversion options or failing to coordinate timely restitution.
• Failing to challenge overbroad charges, resulting in unnecessary felony counts or collateral consequences.

Even a minor misstep—such as misunderstanding how Florida defines “consent” or neglecting to object to a witness’s inadmissible testimony—can lock you into a guilty plea or a sentence far more severe than necessary. A seasoned theft defense attorney safeguards your rights at every turn, from bail hearings to bench trials.

Michael Fayard’s Unique Qualifications

Michael Fayard brings a rare combination of insider knowledge and courtroom tenacity to your defense:

• Former Prosecutor Turned Defender: As an Assistant State Attorney and deputy prosecutor, he knows firsthand how a theft case is built—where the evidence is strongest and where it often falls short.
• Proven Track Record: His strategic challenges have resulted in dismissals, reduced charges, and early probation terminations. You can review his case results for theft defense to see concrete examples of his success.
• Client-Focused Approach: From bilingual (“Se habla Español”) and video consultations to flexible payment plans, he ensures you stay informed and empowered throughout the process.

When your freedom, finances, and reputation are on the line, experience matters. Michael Fayard’s dual perspective and local insight give you a clear advantage—so you can fight theft charges on the strongest footing possible.

How to Select the Best Theft Defense Attorney in Sarasota and Surrounding Areas

Choosing the right attorney can make a significant difference when you’re up against theft charges. You’ll want legal counsel who not only understands Florida’s nuanced statutes but also knows the local courts and players in Sarasota, Manatee, and DeSoto Counties. Start by focusing on a handful of key factors—communication, credentials, and personalized service—to ensure your lawyer is the right fit. Our guide to a theft defense attorney lays out additional considerations, but here are the essentials:

Evaluating Communication and Accessibility

When your case is unfolding on a tight timeline, you need an attorney who answers your calls, texts, and emails without delay. Look for firms that guarantee a response within 24 hours—if not sooner. Clarity matters, too: your lawyer should explain legal strategies, possible outcomes, and next steps in plain language, free of unnecessary jargon.

Flexibility in meeting options is another good sign. If you work odd hours or live farther from the office, video consultations and after-hours appointments can keep you involved and informed. A lawyer who makes themselves available on your schedule demonstrates respect for your time and peace of mind.

Reviewing Credentials and Case Outcomes

Not every criminal defense attorney handles theft cases regularly. Seek out a lawyer whose practice centers on theft and related offenses, with a track record of navigating Chapter 812 matters. Peer recognition—such as membership in bar association committees or invitations to speak at legal seminars—indicates that colleagues value their expertise.

Equally important are real-world results. Ask for specific examples of dismissals, charge reductions, or probation-only resolutions in theft matters. A folder of case results or client testimonials should showcase success stories in Sarasota, Manatee, and DeSoto County courts. Concrete outcomes give you confidence your attorney can deliver.

Assessing Personalized Service and Value

You deserve an attorney who handles your case personally rather than passing files off to paralegals. Confirm that the lead lawyer will attend hearings, draft motions, and negotiate directly with prosecutors. Transparent billing practices—such as clear flat fees or an easy-to-read hourly statement—help you budget and avoid surprises.

If cost is a concern, inquire about flexible payment plans and sliding-scale options. Firms that offer free initial consultations remove the fear of an upfront retainer. Finally, if you or a loved one prefer Spanish-language support, look for a lawyer or staff who proudly state “Se habla Español.” Personalized attention and value-driven services ensure you’re not just another case number, but a client whose rights come first.

What to Expect During Your Theft Defense: From Consultation to Resolution

Facing theft charges can feel overwhelming, but knowing the roadmap from your first call to the final outcome helps you stay in control. Your defense will typically follow a clear progression: an initial consultation to assess the case, followed by strategy development, negotiations or trial preparation, and finally resolution—whether that means a plea deal, dismissal, or court verdict. While timelines vary by county and court docket, understanding each step gives you confidence and reduces anxiety.

No two theft cases unfold exactly alike, but your lawyer will guide you through every phase, protect your rights, and keep you informed. Early involvement often makes a big difference—quick action on evidence gathering, witness interviews, and legal motions can tip the scales in your favor. Here’s what to expect as you move from consultation to resolution.

Preparing for Your Initial Consultation

Your first meeting with Michael Fayard sets the tone for a strong defense. To make the most of this session:

• Gather any paperwork you have: the police report, citations, arrest records, or charging documents.
• Compile relevant dates, times, and locations: where the alleged theft occurred, names and contact details of witnesses, and any correspondence with property owners or law enforcement.
• Bring supporting evidence: surveillance screenshots, receipts, lease agreements, photographs, or digital records that show your side of the story.

Come ready with questions. You’ll want to know how your attorney plans to challenge the State’s case, what immediate steps should be taken, and what deadlines apply for filing motions or requesting discovery. Ask about anticipated costs, communication preferences, and what success looks like for your situation. A well-prepared consultation lays the groundwork for a targeted defense plan.

Defense Strategy Development

Once the consultation is complete and you decide to move forward, your attorney begins crafting a strategy tailored to the facts. This involves:

• Evidence review: Examining police reports, witness statements, video footage, and digital records to spot weaknesses or inconsistencies.
• Fact investigation: Locating additional witnesses, obtaining surveillance or body-cam footage, and gathering documents—like rental agreements or text messages—that support your version of events.
• Expert involvement: Consulting specialists—such as property appraisers, forensic accountants, or digital‐forensics experts—to analyze key evidence and prepare expert reports.
• Witness preparation: Coaching you and any supportive witnesses on courtroom etiquette, direct testimony, and cross‐examination expectations.

Throughout this phase, your lawyer will keep you informed of new findings, adjust tactics as necessary, and lay out realistic options—whether pushing for a pretrial dismissal, filing motions to suppress unlawfully obtained evidence, or negotiating with the prosecutor.

Possible Case Outcomes

Every case ends with one of several paths, each carrying different consequences and opportunities:

• Dismissal or Reduction: A strong defense or procedural motion may persuade the State to drop charges entirely or reduce them to a lower degree—avoiding jail time or heavy fines.
• Diversion Programs: Some first‐time offenders qualify for diversion or pretrial intervention programs, which can expunge the charge upon successful completion of community service, counseling, or restitution.
• Plea Agreement: Negotiated deals often result in probation, community service, or a lighter sentence in exchange for pleading guilty to a lesser charge.
• Trial and Verdict: If the case proceeds to trial, your lawyer will present evidence and cross‐examine the State’s witnesses. A not‐guilty verdict fully vindicates you, while a guilty verdict leads to sentencing—where probation or alternative sanctions may still be possible.

No matter the result, Michael Fayard will remain by your side—advising on post‐trial motions, potential appeals, or record‐sealing options. Understanding these possible outcomes helps you weigh risks, set expectations, and make informed decisions at each stage of your theft defense.

Legal Fees and Payment Plans for Theft Defense in Florida

Understanding how legal fees work can be as important as knowing your defense strategy. Michael Fayard believes in transparent billing and offers several fee models to fit different needs and budgets. Below, we break down common payment structures, explain how retainers and installment plans work, and share practical tips to manage costs without sacrificing the quality of your defense.

Fee Structures Explained

Defense attorneys typically charge in one of three ways:

• Hourly Rate: Many lawyers bill by the hour. In Florida, criminal defense rates often range from $250 to $450 per hour, depending on the attorney’s experience and local market.
• Flat Fee: For straightforward theft cases—especially lower‐level misdemeanors or first‐time offenses—some lawyers offer a single, all‐inclusive price. Flat fees for theft defense can start around $1,000 for simple matters and rise to $5,000–$10,000 (or more) for complex felony cases.
• Hybrid Model: A blend of flat and hourly billing, where the attorney sets a base fee for core tasks (discovery review, motions practice, plea negotiations) and then charges hourly for additional services like trial preparation or expert consultations.

Each approach has trade-offs. Hourly billing provides flexibility but can lead to unpredictability in final costs. Flat fees cap your expense but may not account for unexpected developments. Hybrid models aim to balance transparency and adaptability. Discuss the specifics with your attorney before signing any agreement.

Payment Plans and Retainers

Most criminal defense firms require a retainer—an upfront deposit that secures the lawyer’s availability and covers initial work. Here’s what to expect:

• Retainer Amounts: Retainers for theft cases often start at several thousand dollars, with the exact figure reflecting the case’s complexity, anticipated hours, and potential court appearances.
• Draws Against the Retainer: As your attorney works on your case, fees and expenses (filing fees, expert fees, investigator time) are deducted from the retainer balance. You’ll receive regular invoices showing how funds are applied.
• Installment Options: If an upfront retainer poses a hardship, many lawyers—including Michael Fayard—offer installment plans. You might break the retainer into monthly or bi-weekly payments to ease cash flow.
• Adjustment Clauses: A clear agreement should outline procedures for additional work or unexpected complexity. If the case takes a turn—say, new charges are filed—your attorney should discuss fee adjustments before proceeding.

Transparent retainer agreements protect both you and your lawyer. They spell out billing rates, payment schedules, refund policies, and how to handle unused retainer balances at case conclusion.

Tips to Manage Legal Costs

Facing theft charges is stressful enough without worrying about runaway legal bills. These proactive steps can help you keep costs in check:

• Organize Your Documents: Gather police reports, charging documents, correspondence, and any evidence (photos, receipts, video). Well-organized materials save your attorney time—time you don’t have to pay for.
• Ask About Scope: Clarify which services are included in your flat fee or retainer. If you know a hearing is scheduled, confirm whether it’s covered or will incur extra hourly work.
• Communicate Efficiently: Group your questions and concerns before calling or emailing. Brief, consolidated updates reduce the number of billable communications.
• Avoid Unnecessary Motions: Trust your attorney’s judgment on which motions to file. While some filings are essential to a strong defense, others may have minimal strategic value yet drive up costs.
• Monitor Invoices: Review invoices promptly. If something seems unclear—an unexpected charge or excessive hours—ask for an explanation. Early clarification prevents surprises later.

By understanding fee structures, negotiating a payment plan that fits your budget, and following these cost-saving measures, you can secure top-tier representation without losing sleep over legal bills. To discuss your case and explore flexible payment options, schedule a free consultation with Michael Fayard today.

Frequently Asked Questions About Theft Charges in Florida

When you’re up against theft charges, it’s normal to have a lot of questions. Below are some of the most common inquiries we hear at Fayard Law, along with concise answers tailored to Florida law and local practice.

Should I Get a Lawyer for a Shoplifting Charge?

Yes. Even a first‐time shoplifting charge—typically a second‐degree petit theft misdemeanor—can carry up to 60 days in jail, fines, court costs, and a permanent criminal record. An experienced defense attorney can:

• Negotiate diversion or pretrial intervention programs to avoid a formal conviction
• Argue for reduced charges or alternative sentences like community service
• Protect your rights at each court appearance and minimize long-term consequences

Can Theft Charges Be Sealed or Expunged?

Under Florida law, certain misdemeanor and first‐time felony convictions may be eligible for sealing or expungement. Key points include:

• Waiting periods: Generally, you must wait one to five years after completing all court requirements (jail, probation, restitution) before filing.
• Eligibility: Not all offenses qualify—repeat felonies or theft from a dwelling often disqualify you.
• Process: You file a petition with the clerk’s office, attend a hearing, and show the court you’ve been rehabilitated.
  Sealing or expunging a conviction hides the case from most background checks, boosting your employment and housing prospects.

What Penalties Apply for Theft Under Florida Law?

Penalties vary by degree and value of the stolen property:

• Second‐degree petit theft (under $100): Up to 60 days jail, $500 fine
• First‐degree petit theft ($100–$749.99): Up to 1 year jail, $1,000 fine
• Third‐degree grand theft ($750–$19,999.99): Up to 5 years prison, $5,000 fine
• Second‐degree grand theft ($20,000–$99,999.99): Up to 15 years prison, $10,000 fine
• First‐degree grand theft ($100,000+): Up to 30 years prison, $10,000 fine

Judges can also impose probation, community service, restitution, and driver’s license suspension for offenses like drive‐offs at the pump.

Will a Theft Conviction Appear on My Background Check Permanently?

By default, criminal convictions show up on most background checks, including employment and rental screenings. However:

• Sealed or expunged records are typically hidden from standard checks, though certain government and law‐enforcement agencies may still access them.
• Civil background checks for licensing boards sometimes reveal sealed records unless you follow up with an official court order.
• Timing: Sealing or expungement gives you a clear record moving forward, but until the court grants that order, the conviction remains visible.

If you’re concerned about long‐term stigma, ask your attorney about the right timing and strategy for sealing or expungement.

Still have questions? Schedule a free consultation with Michael Fayard to get personalized answers and start building your defense today.

Taking the Next Step: Protect Your Rights Today

Facing theft charges is stressful, but you don’t have to navigate the legal system alone. Early intervention can make all the difference—protecting your driving privileges, minimizing fines, and preserving your reputation. Michael Fayard’s team is standing by to evaluate your case, explain how Florida’s theft statutes apply, and lay out a customized defense plan that addresses your unique circumstances.

We offer a free initial consultation—either in our Sarasota office or via video—and flexible payment plans to fit your budget. From day one, you’ll receive:

• A clear assessment of your charges and potential defenses
• Immediate steps to safeguard your rights (bail hearings, discovery requests, suppression motions)
• Honest guidance on possible outcomes and next moves

Don’t wait until you’re staring down an arraignment notice or a looming court date. Take control now by calling our office at (941) 379-7700 or visiting the Fayard Law homepage to request your free consultation. With bilingual support available (“Se habla Español”) and insider know-how from both sides of the courtroom, Michael Fayard is ready to fight for you—protecting your future every step of the way.