Orlando • Orange County
A theft accusation may begin with a checkout alert, a disputed return, or disagreement over permission to use property. The legal question reaches beyond whether an item changed hands. Miller & Jacobs examines the transaction, the alleged intent, and the evidence connecting the accusation to you.
Keep receipts and original account records. Do not contact a store, employer, or reporting person to negotiate an explanation before discussing the situation with counsel.
5401 South Kirkman Road, Suite 660
Mark J. Miller and Rick S. Jacobs
Combined Jury Trials to Verdict Across Their Careers
Your Case Handled by Mr. Miller or Mr. Jacobs
Building the defense
Counsel can compare what was reported with the records of the event. The Orlando criminal defense practice helps evaluate theft allegations and related charges without assuming the first account is complete.
Payment
A receipt, card entry, app confirmation, and store transaction log may record different parts of a purchase. Preserve all available records so counsel can assess what was paid, attempted, reversed, or left unresolved.
Permission
Describe any agreement, instruction, ownership dispute, or established practice relevant to the property. Preserve the original communication. An asserted misunderstanding should be evaluated against the surrounding facts.
Identification
A name on an account or a short camera image may not answer who acted at a particular time. Counsel can review witness observations, account access, and recordings in context.
Intent
The defense should identify what the State says shows a knowing act and the required intent. A checkout error, an unpaid balance, and an intentional taking are not interchangeable descriptions.
Value
Ask what items are included and which valuation rule applies. A total on a demand letter should not automatically be treated as the amount governing the criminal classification.
Additional conduct
A retail case may involve claims beyond carrying away merchandise. Altered labels, repeated events, use of another account, or a separate trespass allegation can require their own factual and legal review.
Review the Complete Transaction
Being accused of dishonesty can feel personal in a way that is hard to explain. You deserve a private conversation that takes the allegation seriously while also listening to the circumstances. The goal is a clear understanding of the evidence and a reasoned decision about what comes next.
Understanding the allegation
A decision about one part of the situation may leave another part open. Ask counsel to explain the effect of a proposed payment, plea, program, or other resolution before you agree.
Section 812.014 addresses knowingly obtaining or using another’s property with the required intent to deprive or appropriate. A claimed plan to return an item does not automatically rule out theft because temporary deprivation can be covered.
The property type, location, prior history, and specific statutory provision can affect classification. Some low-value allegations carry consequences beyond the general value bands. A felony allegation deserves a review of the exact basis for that charge.
Section 812.015 addresses retail theft, including specified conduct involving merchandise and labels. Counsel should identify the act, alleged intent, and evidence, rather than assume the case turns only on leaving a store.
Section 772.11 provides a civil remedy and demand process. Bring the complete letter and envelope to counsel. A civil payment or release does not itself determine the outcome of a criminal prosecution.
Understand the Legal Distinctions
Call the Orlando office with the notice, receipts, and any demand letter. We can discuss the accusation, the records that may matter, and the scope of a defense engagement.
Decisions about your case
Preserve files in their original form where possible. Do not alter a receipt, recreate a conversation, or delete an unfavorable message. If store video or account records may be lost, promptly identify the source and time period for counsel.
Keep the Original Records
Mark J. Miller or Rick S. Jacobs handles an accepted criminal matter. Ask whether an available program requires an admission, what completion entails, and how its result differs from sealing or expungement. Eligibility and outcomes depend on the actual case.
Mark J. Miller is a former assistant state attorney admitted to The Florida Bar in 1995. His experience includes more than 70 jury trials to verdict across his legal career. Read his biography and ask about his approach to your matter.
Read Mark’s Bio →
Rick S. Jacobs is a former assistant state attorney admitted to The Florida Bar in 1995. His experience includes more than 160 jury trials to verdict across his legal career. His biography provides background for the conversation about your defense.
Read Rick’s Bio →Ask what each part of the engagement covers. A criminal case, a civil demand, and a later record-relief petition may involve separate services. Confirm fees, costs, and responsibilities in the written agreement.
An Informed Choice About the Case
What you may be wondering
The legal effect of a particular fact depends on the full record, rather than the label placed on it at the store or after an arrest.
Keep the statement and any available order or account information. Tell counsel when and where the transaction occurred. A payment entry may be useful, but it must be connected to the items and event in dispute.
No. A return may be relevant without resolving whether the required conduct and intent occurred earlier. Discuss the circumstances with counsel before attempting a return or contacting the reporting person.
Yes. The State must establish the applicable elements, including intent. The transaction records, full recording, conduct at checkout, and surrounding circumstances should be examined. Calling something a mistake does not by itself establish a defense.
Describe the ownership, permission, and communications accurately. A personal or business relationship can provide relevant context, but it does not automatically prevent a theft allegation. Preserve records supporting your understanding.
No. Eligibility and terms vary with the charge, history, and program. Counsel can discuss available options and what participation would require. Completion and later record relief should be reviewed as separate questions.
Start with your name, the case or citation number, the next date, and the type of property or transaction involved. Call 407-465-8733. The office is at 5401 S. Kirkman Road, Suite 660, Orlando, FL 32819.
