Pembroke Pines | Theft and Retail-Theft Defense
The total in a theft report may include items, prices, or visits you do not recognize. That number can affect the charge, but it does not prove that you stole anything. Miller & Jacobs checks what property the State identifies, how it values the property, and what proof supports the claim of theft.
Keep the original receipt, property list, court notice, and any store letter. Our Pompano Beach office serves people charged in Pembroke Pines. Do not change a document or return to a store in breach of a trespass warning.
Identify the items actually in dispute
Check the rule behind the reported value
Review what the State says you meant to do
A responsible attorney for an accepted matter
Explore the questions behind the charge
Look Behind the Total
Start with an item list, not only the grand total. Compare the description, quantity, condition, and date for each item. A duplicate entry, wrong model, or unexplained price is worth flagging. Keep the source unchanged and explain the problem separately.
The general rule in section 812.012 uses market value. It looks to the time and place of the alleged offense. If that value cannot be properly found, it uses replacement cost within a reasonable time afterward. An old purchase price does not answer the rule by itself.
Section 812.015 defines merchandise value by the sale price when it was stolen or removed. Counsel should check the charged provision and the records behind that price. A shelf label, receipt, and inventory entry may need to be compared.
Some property or acts can change the theft level regardless of the ordinary price threshold. Prior convictions can matter too. Identify the item. Read the subsection. Do not assume a low amount means a minor charge.
Florida theft value definitions · Florida retail-theft provisions
For ordinary value-based theft, $750 is an important grand-theft threshold under section 812.014. It is not a promise that every allegation below that figure is a misdemeanor. A special property rule, prior record, or retail-theft provision may apply. Ask counsel why the filed count uses its particular level.
A value dispute does not decide intent or identity. A defense can challenge more than one part of the charge. A lower amount is not proof that no offense occurred.
When the Report Adds Events Together
A theft count may combine more than one item or event. Section 812.012 allows values to be added for thefts under one scheme or course of conduct. The property can belong to one person or several people. The defense must check the link between the acts as well as each amount.
Retail theft has additional provisions. Some depend on several acts or locations within a 120-day period. Others depend on coordinated conduct or item counts, not just value. Those conditions should be read together. A list of shopping dates does not, on its own, establish that every act fits the charged rule.
Specific retail-theft grouping provisions
Keep the date, place, items, and source for each event distinct. Which receipts or videos are missing? An image from one visit is not a record of the next. Ask what links it to the act charged.
A recovery list, store inventory, and police report may repeat an item rather than identify three losses. Point to the exact entries you dispute. Counsel can compare the underlying records instead of relying on a summary.
Explain who handled each item and what you knew. Being in the same group or using a shared cart does not describe each person’s conduct. Give counsel the full facts without coordinating stories with others.
Ask what supports each item and amount. What links the events? Look for the answer in the records. Do not assume it from the total.
What the Property Review Must Not Miss
Section 812.014 covers knowingly obtaining or using, or trying to obtain or use, another’s property with the required intent. That includes intending to deprive the owner of a property right or benefit, even for a short time. It also includes taking the property for the use of someone not entitled to it. A plan to give it back later does not settle the question.
Explain what you believed you could do with the item at the time. A checkout error, permission to borrow, or a dispute over ownership needs proof, not just a label. Messages, work instructions, receipts, and the full sequence may support or challenge that account.
Keep the items paid for separate from those disputed. Tell counsel about employee help, a declined payment, a void, or a rescan if one occurred. Preserve the full transaction record rather than only a bank total.
Keep the original purchase and return records together. Identify any authorization, item code, or refund entry. The relevant event may begin before the clip or receipt mentioned in the report.
Describe any loan, work task, shared property, or agreed use. Florida’s definition of another person’s property can include interests in property you also have an interest in. Shared ownership does not automatically end the analysis.
Retail theft is not limited to walking out with an item. Section 812.015 includes certain label changes and transfers between containers when done with the required intent. Have counsel identify the actual act alleged before relying only on whether you crossed an exit.
Video may be useful, but a theft case does not require a particular recording. Witnesses and other evidence can matter. A missing clip should lead to a closer review, not a promised dismissal.
The firm’s Florida criminal-defense practice can address a related allegation or separate court concern. Bring all counts so the review is not limited to the store’s description. See the Pembroke Pines criminal defense guide for local records and related defense questions.
Pembroke Pines Property and Police Records
Pembroke Pines Police has a Records Section for accessible police reports and a separate Evidence Unit that receives, catalogs, and stores property. If city police seized an item, keep the property receipt and case reference. A report copy and a request concerning the physical item are not the same task.
Pembroke Pines Police Records · Pembroke Pines Evidence Unit
Do not try to retrieve, replace, or alter an item tied to the case. Tell counsel who holds it and why its model, condition, packaging, or quantity matters. Evidence property has release conditions. The city’s general property page is not an order allowing you to collect it.
A business may still hold video, purchase logs, or a loss-prevention file that is not in the city report. Identify the branch, date, register, and useful time window. Counsel can assess preservation and lawful requests. Respect any store ban and do not approach staff to obtain a changed account.
Use the current court notice for the division, date, location, and attendance rules. Ask whether personal attendance is required or an approved waiver applies. Neither a store letter nor a property-release discussion changes a court date. A Pembroke Pines address does not assign the courtroom.
Broward misdemeanor information · Broward felony information
Different Numbers, Different Decisions
This can affect the criminal offense level under the applicable statute. Ask which items, dates, and valuation rule support it. A number should be traceable to a source.
Section 772.11 provides a separate civil remedy and demand process. The requested amount need not be the same as the criminal property value. Bring the full letter and deadline. A civil release does not itself dismiss a prosecution.
A plea or program may include payment and other duties. Ask what the payment covers, how it was calculated, and what you would admit or accept. Do not assume a proposed amount has already been proved at trial.
Broward’s State Attorney lists misdemeanor and felony diversion options. Each has entry rules and needs approval. The misdemeanor program calls for accepting responsibility. Discuss that choice if you deny the charge. Ask what you must complete, what a missed term would mean, and which record questions would remain.
Compare any offer with the strength of the evidence and the options for a contested case. Tell counsel about employment, a professional license, school, immigration concerns, or current supervision before a plea. Avoiding jail is not the only issue to review.
A Defined Engagement
If Miller & Jacobs accepts your criminal-defense matter, Mr. Miller or Mr. Jacobs is the responsible attorney. Staff, investigators, or other professionals may assist. Ask which partner will review the disputed property, explain the evidence, and guide the decisions in your case.
Partner
Mark’s biography describes his prosecution, insurance-defense, and trial background. Discuss which part of the property or transaction record needs a closer look.
Partner
Rick’s biography describes his prosecution and trial background. Ask how the charge, evidence, and proposed terms would be evaluated together.
The first consultation is free. Confirm the fee, covered court work, and possible record or expert costs before hiring the firm. A criminal charge, civil demand, and later record-relief request may require separate work. The written agreement should make those limits clear.
Questions About the Property and Amount
These answers are general. The property, filed statute, records, and facts must be checked for advice on your own case.
It can. Under the general rule, first ask what the item was worth in that market when the alleged theft occurred. If that value cannot be properly established, use the cost to replace it within a reasonable time after the offense. Retail merchandise has a separate statutory definition. Keep proof of the actual item and its condition for counsel to review.
No total alone explains why the law allows the events to be combined. The general theft rule looks to one scheme or course of conduct. Retail-theft provisions have their own conditions. Counsel should review each alleged act, the claimed link, dates, locations, and items against the exact subsection.
Not necessarily. Two records may describe the same property. Keep both lists and point out the matching description, item number, or serial number. Counsel can check whether the entries refer to one item or separate items. Do not delete an entry or change the source document yourself.
Yes. Keep the document as signed and explain what you were told it meant. Tell counsel about any statement you made and any part you dispute. The wording and circumstances matter; do not replace it with a corrected version or assume the signature settles every issue.
They may address different legal claims or costs. Neither should automatically be treated as the amount that determines the criminal charge. Bring the complete documents and ask what each number covers, what proof supports it, and what a payment or agreement would resolve.
Pembroke Pines Clients | Pompano Beach Office
Call with the charge, next date, and the property list or notice you have. Tell us which item, price, or event you dispute. You can begin before every receipt or police record is available.
1600 S. Federal Highway, Suite 1101
Pompano Beach, FL 33062
