Polk County Theft Crime Defense Lawyers

Aggressive Defense Against Theft Charges

Being convicted of a theft crime, even if it was charged as a misdemeanor, can have a devastating effect on your life and future. With the ease of running background checks, a theft crime conviction can haunt your personal and professional life, making it challenging to obtain employment or find a suitable place to live.

Whether you are facing a misdemeanor or a felony, having skilled legal representation is essential. At The Law Firm of Gil Colón, Jr., our attorneys have extensive experience defending clients against criminal charges.

If you are facing charges, contact our law firm today to schedule a free consultation with a Bartow theft crimes lawyer to learn more about your legal options.

Will I Have to Serve Jail Time for a First-Time Shoplifting Charge?

A common worry for many clients is whether they will face jail time for a first-time shoplifting charge. In Polk County, shoplifting is considered petit theft if the total value of the merchandise is less than $750.

Although Florida law stipulates that a first-time offense is punishable by up to 60 days in jail if the total amount of the merchandise is under $100, and by up to 1 year in jail if the total amount is $100 to $750. Even so, you most likely will not be ordered to serve jail time, depending on the value of the items and your lack of prior offenses.

A shoplifting charge can be upgraded from a misdemeanor to a felony if the total value of the stolen property exceeds $750, if an individual has prior convictions, used tools to bypass security checkpoints, or worked with others.

Polk County courts generally offer diversion programs for first-time, low-level offenders. If you have been charged with a misdemeanor offense, you have a good chance of being sentenced to participate in a diversion program; however, it is not guaranteed, so it is always best to have an attorney on your side who can advocate on your behalf.

What Qualifies as Grand Theft?

The primary difference between grand theft and petit theft in Florida is the value of the property taken. Under Florida law, you may be charged with grand theft if the value of the property taken is over the $750 threshold.

Grand theft is a felony criminal offense and is charged based on the value of the stolen items:

• Third-Degree Grand Theft: Involving property valued between $750 and $19,999, with potential penalties of five years in prison or probation and a $5,000 fine.
• Second-Degree Grand Theft: Property is valued between $20,000 and $99,999, punishable by up to 15 years in prison or 15 years of probation and a $10,000 fine.
• First-Degree Grand Theft: Property valued at $100,000 or more, punishable by up to 30 years in prison or 30 years of probation and a $10,000 fine.

Automatic Grand Theft Classifications

Certain items, if stolen, automatically qualify as grand theft regardless of value, including:

• Firearms
• Theft of a motor vehicle
• Theft of a commercially farmed animal
• Theft of testamentary documents, including wills

Felony charges will not go away on their own. You must have an experienced theft crime attorney by your side, like those of The Law Firm of Gil Colón, Jr., who will take action to challenge and minimize your charges.

Does a Misdemeanor Theft Crime Conviction Show Up on a Background Check?

Some Polk County residents mistakenly believe that a misdemeanor criminal offense will not have collateral consequences. Nevertheless, a misdemeanor theft conviction will appear on a criminal background check and could prevent you from obtaining employment and housing.

Florida law allows misdemeanor theft convictions to remain on your record for life. Most employers or rental agencies use standard or Level 2 background checks, which will most likely reveal a theft conviction. State law also does not restrict how far back an employer can check for past criminal records.

Depending on the circumstances of the offense, you could petition to try to have your criminal record sealed or expunged, but you must meet specific eligibility requirements to do so. For example, a misdemeanor criminal offense cannot be sealed or expunged if you plead guilty. If the judge withheld adjudication, meaning no conviction was entered, you may qualify if you do not have any additional disqualifying convictions.

To avoid the serious consequences of a theft crime conviction, it is best to hire an attorney who will fight to try to have the charges dropped or negotiated through a plea deal. Avoiding a criminal record altogether is better than dealing with the legal complexities of sealing or expunging it.

When clients come to us for help, our goal is always to have charges dismissed, so you never have to worry about your past mistakes. 

Am I Eligible for a Pre-Trial Diversion (PTD) Program in Polk County?

Polk County offers a Pre-Trial Diversion (PTD) program available to first-time offenders who meet eligibility requirements. Some of the basic requirements include that you must be a first-time offender; however, if you have one prior nonviolent misdemeanor offense, that does not automatically disqualify you. The program is also open to those facing third-degree felony charges.

One of the most significant advantages of hiring a theft crimes lawyer is that they will advocate on your behalf with the state attorney so that you can be allowed to participate in the program. The goal of PTD is to avoid a theft conviction by participating in the program, which may involve completing community service, paying restitution, and other fees.

Failure to complete the program can have serious consequences, including notification of the State Attorney. Your case will then proceed as before, and you will either have to enter a plea agreement or go to trial. In either case, you will lose the opportunity for your case to be dismissed, and you will be left with a permanent criminal record.

What Makes Your Law Firm the Right Choice to Defend My Theft Crime Case?

The Law Firm of Gil Colón, Jr. is a Polk County law firm with a proven record of helping clients protect their freedom and reputation. Our attorneys and legal team understand that sometimes good people make bad choices that land them in the criminal justice system.

When you come to us for help, our goal is to have your charges dismissed or reduced so that you can move forward with your life.

One advantage of choosing our law firm is that we are located two blocks from the courthouse and available whenever you need our help. 

Gil Colón, Jr., is one of three local Hispanic attorneys and has the most legal experience protecting our clients’ rights. Mr. Colón is dedicated to helping clients and has a strong courtroom presence, which has enabled him to build strong professional relationships with prosecutors and judges.

If you are facing theft charges, contact our Bartow law office today at 863-622-9602 to schedule a free consultation to discuss our legal services.