What to Do If You’re Arrested for Theft in Florida

Let’s be blunt: being arrested for theft in Florida is nothing to shrug off. Whether it’s shoplifting, grand theft, or something in between, the consequences can be serious.

But arrest isn’t the end of the story. With the right moves and the right lawyer, you can mitigate damage or even fight for dismissal.

If you ever find yourself handcuffed under a theft charge, our attorney, who is also a former Charlotte and Lee County prosecutor, can help. Contact Drew Fritsch Law Firm, P.A., to discuss your legal strategy.

Arrested for Theft? Your Step-by-Step Guide

This isn’t the time for guesswork or Google searches. Now is the time for clear, strategic action. Below, we break down the key steps you need to take after the arrest.

1. Stay Silent and Assert Your Rights

First things first: don’t talk yourself into a worse position. The police will want you to “just tell your side” or “cooperate.” Politely decline and say, “I wish to remain silent and talk to an attorney.” And no, you’re not being rude. You’re exercising your constitutional right. Anything you say can and will be used against you.

Also, don’t consent to searches of your person, vehicle, phone, or home without a warrant (unless exigent circumstances exist). You can clearly state that you refuse consent.

Getting your lawyer involved early is vital. At Drew Fritsch Law Firm, P.A., our Punta Gorda theft crime lawyer can intervene right after arrest to protect your rights, preserve evidence, and challenge improper police procedures.

2. Understand the Theft Charges You’re Facing

Florida law treats theft on a sliding scale. The value of the stolen property and the circumstances of the theft determine whether the charge is a misdemeanor or felony. (Yes, your sneaky little “low-value” taking might still lead to a felony, depending on history or context.)

Some key statutory rules:

• Under Florida Statutes § 812.014, theft of property valued under certain thresholds is classified as petit theft, generally a misdemeanor.
• For higher values (typically $750 or more), theft may be elevated to grand theft, a felony.
• In certain special cases (stealing firearms, emergency medical equipment, or theft committed during a declared emergency or riot) statutory enhancements or reclassifications may apply.

Dealing in stolen property (trafficking stolen goods) is a separate offense. Under Florida Statutes § 812.019, that’s typically a felony of the second degree, and organizing or supervising such activity can reach first-degree felony.

Penalties scale accordingly: misdemeanors may bring up to one year in jail and fines, while felony theft might lead to prison, huge fines, restitution, and collateral consequences (like loss of civil rights).

3. Post-Arrest Steps You Should Take

Here’s a practical five-step roadmap after an arrest for theft:

• Ask for bail or release conditions at first appearance. You’ll appear before a magistrate or judge soon after arrest (often within 24 hours). You can ask for reasonable bail or nonmonetary release (electronic monitoring, supervised release, etc.).
• Hire a defense attorney as soon as possible. Do not wait. The defense attorney can challenge illegal procedures (e.g. improper stop, search, seizure), suppress evidence (if law enforcement violated your rights), negotiate with prosecutors early to reduce or dismiss charges, and build a solid factual, legal defense.
• Gather and preserve evidence. Take photographs, record your recollection as soon as possible, identify witnesses and potential surveillance footage. Share all information with your lawyer.
• Explore alternatives like diversion or plea bargaining. In some cases, a prosecutor may allow diversion programs, deferred adjudication, or plea deals to lesser offenses, especially for first-time or low-value thefts. But you’ll want legal guidance to ensure you don’t accept something worse in disguise (yes, that also happens).
• Don’t miss court dates. If you fail to appear, you risk arrest warrants and aggravation of your case. Always show up. If you’re unsure about anything, ask your attorney.

At Drew Fritsch Law Firm, P.A., we jump into cases fast, assessing the arrest report, surveillance, witness statements, and chain of custody. The sooner we start, the better your chances.

We Can Help if You Were Arrested for Theft

Contact Drew Fritsch Law Firm, P.A. today for a confidential case review. We’ll review your case, explain your options, and fight to protect your rights, whether that means dismissal, reduction, or full acquittal. Don’t go through this alone. Call at 941.205.3535.

Based in Punta Gorda, Drew Fritsch Law Firm, P.A. also provides criminal defense services throughout Charlotte, Lee, Collier, and Sarasota Counties.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0812/Sections/0812.019.html