Legal Question in Criminal Law in Florida

Re: maximum penalty for petit theft in Florida

Jay Rooth hit it right on the head: The max is 60 days, but you may be able to qualify for a Diversion Program. NOTE: Most prosecutors will not offer a diversion to an unrepresented defendant as their first offer out of the box. Most will offer to 'withhold adjudication' coupled with a fine and often probation.

You don't want a theft prior - you want a diversion resulting in dismissal and then a record seal/expungement. Theft charges lurking 'in the system' often are used during employment background checks to 'blackball' people from getting the jobs they want. This is not to say you don't have other defenses, but given the phrasing of your question, you don't appear to think that this is likely.

Still, in my view, you need a lawyer. Since I handle major felonies, I would not be the one for you to hire. Since Jay Rooth gave such a great answer, I would suggest giving him a call. Valerie Masters gave you the Reader's Digest answer, but she may be able to help you as well.

Re: maximum penalty for petit theft in Florida

60 days

Re: maximum penalty for petit theft in Florida

The maximum penalty for a first time petit theft is 60 days in the orange county jail. You may also qualify for a diversion program, where if you successfully complete the program the case will be dismissed. Should you have any further questions in regards to your case, feel free to contact my office. We offer free consultations.