A Florida Criminal Defense Attorney Explains How to Fight for Pretrial Diversion Instead of a Permanent Criminal Record

As a Florida Criminal Defense Attorney, I’ve represented countless people who found themselves accused of theft for the very first time. Whether it’s shoplifting from a big box store or getting caught with someone else’s property, one moment of poor judgment can snowball into life-altering consequences. But here’s the truth — Florida has options for first-time theft offenders that don’t always lead to jail, probation, or a conviction.

That said, those options aren’t guaranteed. Prosecutors aren’t required to offer diversion, and judges don’t have to approve it. It’s my job to step in early, present you in the right light, and push for an outcome that protects your future. If you’ve been charged with petit theft, grand theft, or any related offense, the decisions made in the first few days can define whether you walk away with a second chance or a permanent criminal record.

Let me explain how it works, why hiring a private defense attorney matters, and how I’ve helped others in the same position get their lives back on track.

Florida Theft Charges: What the Law Says

Florida defines theft under Florida Statutes § 812.014. It states:

“A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or use, the property of another with intent to, either temporarily or permanently, deprive the other person of a right to the property or a benefit from the property.”

Depending on the value of the property and the circumstances, theft can be charged as either a misdemeanor or felony.

  • Petit Theft is usually charged when the property is valued under $750.
    • If the amount is less than $100, it’s a second-degree misdemeanor (up to 60 days in jail and $500 fine).
    • Between $100 and $750, it becomes a first-degree misdemeanor (up to 1 year in jail and $1,000 fine).
  • Grand Theft starts at $750 and includes multiple felony degrees:
    • Third-degree felony: Property valued between $750 and $20,000 (up to 5 years in prison and $5,000 fine).
    • Second-degree felony: $20,000 to $100,000 (up to 15 years in prison and $10,000 fine).
    • First-degree felony: Over $100,000 or involving a cargo shipment (up to 30 years in prison).

Even a misdemeanor theft can ruin employment prospects, housing opportunities, and professional licenses.

Diversion Programs for First-Time Theft Offenders

In Florida, many judicial circuits offer Pretrial Diversion (PTD) or Deferred Prosecution Programs for individuals with no criminal history. These programs are designed to resolve certain cases without a conviction if the accused completes specific conditions, such as:

  • Paying restitution to the victim
  • Attending anti-theft classes
  • Performing community service
  • Remaining arrest-free for a set period
  • Reporting to a case manager

After successful completion, the charge may be dismissed. In some counties, it might even be eligible for expungement. But you can’t assume you’ll automatically be offered a diversion program.

This is where a private attorney makes a difference.

Why You Need a Private Attorney to Secure Diversion

Prosecutors have discretion, but they also face pressure from retailers and victims to take theft seriously. As a private Florida Criminal Defense Attorney, I’m able to meet with the State Attorney’s Office, explain your background, show your remorse, and negotiate a favorable entry into diversion. Without someone advocating on your behalf, you risk being treated like a repeat offender rather than someone who made a single mistake.

Even within diversion programs, there are terms to negotiate: length of supervision, whether charges will be formally filed, and what happens if you miss a requirement. I handle those negotiations to protect you from hidden traps that could derail your future.

Real Case Example: Dismissal After Diversion in a Retail Theft Case

One client, a 23-year-old nursing student in Tampa, was caught on video stealing $148 worth of beauty products from a department store. She had no prior record and was terrified about how the arrest might affect her state licensing application. The State Attorney was initially unwilling to offer diversion because of the “organized” nature of the incident — she had concealed items in a handbag.

I immediately gathered evidence of her clean background, academic performance, and character references. I also arranged for her to enroll in a theft education course and made a payment offer for full restitution before the arraignment. After several discussions with the prosecutor, I secured her entry into a deferred prosecution agreement with minimal conditions. The case was dismissed in less than four months, and she is now eligible for expungement.

If she had gone to court alone or relied on a public defender with a heavy caseload, she might have faced a permanent conviction or been pressured into pleading guilty.

Defenses to Theft Charges When Diversion Isn’t an Option

If you aren’t eligible for diversion, or if the State refuses to offer it, we still have powerful defenses:

  • Lack of Intent: If you accidentally walked out of a store without paying, that may not meet the definition of theft.
  • Mistaken Identity: In retail settings, store surveillance isn’t always clear, and loss prevention officers sometimes misidentify suspects.
  • Ownership Claims: If you had a reasonable belief that the property was yours, it could undermine the “intent to deprive” requirement.
  • Entrapment: If you were persuaded or manipulated into committing theft by another person, including law enforcement, that could be a valid defense.
  • Illegal Search: If law enforcement detained you or searched your belongings without legal cause, we may be able to suppress key evidence.

I’ve successfully used these defenses to get charges reduced or dismissed entirely. Each case depends on the facts, but no one should assume a theft charge means a guaranteed conviction.

How I Protect You From Permanent Damage

Every case begins with an immediate assessment of eligibility for diversion or dismissal. But even if those options aren’t available, I continue working to protect your name:

  • I challenge weak evidence and file motions to suppress
  • I negotiate directly with the assigned prosecutor
  • I keep your case from spiraling into public court filings that could follow you forever

People often ask, “Why not just plead and get it over with?” Because every conviction — even for something like shoplifting — can show up in background checks for years, and it can never be sealed if you pled guilty or no contest. That’s why it’s critical to have an experienced private lawyer focused solely on your case.

Florida Laws Related to Diversion and Sealing or Expungement

In addition to § 812.014, the following statutes also apply to first-time theft cases:

  • Florida Statute § 943.0585 – Expungement of criminal records
  • Florida Statute § 943.059 – Sealing of criminal records
  • Florida Statute § 948.08 – Pretrial intervention programs
  • Florida Statute § 775.082, § 775.083 – Penalties for misdemeanors and felonies

These laws interact to determine your eligibility for second chances. But even a dismissed case may require a court order to be removed from public view. I help my clients through that process as well.

Why Every First-Time Theft Offender Should Consult a Private Attorney

I’ve seen far too many good people burdened with a theft conviction they could have avoided if they had called a private attorney early on. Diversion programs, suppression motions, and alternative pleas are all tools we can use, but only if we act before the case moves too far down the wrong track.

As a Florida Criminal Defense Attorney, I don’t take these cases lightly. I know how damaging even a first arrest can be, and I fight hard to keep it from turning into a conviction.

Florida First-Time Theft and Diversion Program FAQs

What is a diversion program and how does it work in Florida?

A diversion program is an alternative to traditional prosecution that allows certain first-time offenders to complete conditions such as classes, community service, and restitution in exchange for having their case dismissed. These programs are often run by the State Attorney’s Office and vary by county. If you qualify and complete all conditions, your charges may be dropped and possibly expunged. However, you won’t be automatically offered this option — and an attorney can help make a strong case for your inclusion.

Am I guaranteed a diversion program if this is my first theft charge?

No, diversion is never guaranteed in Florida. Eligibility depends on your record, the value of the property involved, whether the victim opposes it, and how the State Attorney views the facts. A private attorney can present mitigation, negotiate with the prosecutor, and make the strongest case for why you deserve a second chance instead of a conviction. I’ve had clients denied initially but later accepted because of the advocacy we provided.

What happens if I miss a condition of my diversion program?

If you fail to complete any term — such as not attending class, missing community service, or getting arrested again — the prosecutor can reinstate the original charge and proceed with the case as if diversion never occurred. That’s why it’s so important to have an attorney monitor the case even after diversion starts. I guide my clients through every step and, if necessary, can often negotiate to fix the issue before termination happens.

Can I expunge or seal my record after completing a diversion program?

Yes, in many cases, you can apply to expunge your record after successful diversion. Under Florida law, if your case was dismissed, you may be eligible to expunge it — but you must file a petition and meet certain criteria. I assist clients with the sealing or expungement process after their case ends. It’s the final step in clearing your name and ensuring a one-time mistake doesn’t affect your future opportunities.

Why shouldn’t I just go to court and plead guilty?

Pleading guilty or no contest may seem like a quick fix, but it creates a permanent record that can never be sealed or expunged. Even if the punishment is minor, such as probation or a small fine, the consequences can follow you for years. A conviction for theft can disqualify you from certain jobs, housing, scholarships, and professional licensing. That’s why it’s always worth hiring a private attorney to explore all options before entering a plea.

How much does it cost to hire a private attorney for a first-time theft case?

The cost varies based on location, complexity, and whether the case requires litigation. However, compared to the long-term cost of having a criminal record — including lost jobs, denied housing, and licensing issues — the investment in private representation often pays for itself many times over. I offer flexible payment plans and transparent pricing, and the initial consultation is free.

Call a Florida Criminal Defense Attorney to Fight for Diversion in Your Theft Case

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout all of the state of Florida and serve all counties in Florida, including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.