Last updated February 2026
If you’ve been arrested for theft in Florida — even something minor like shoplifting — you may be wondering whether the charges can be dropped before the case ruins your record.
The answer is yes. Theft charges can be dropped in Florida — but it doesn’t happen automatically, and it rarely happens by waiting.
Theft charges in Florida are classified based on value and circumstances. For a full breakdown, see Theft Charges in Florida.
Here’s what actually causes theft cases to be dismissed — and how early action makes the difference.
📜 Florida Law on Theft Charges
Under Florida Statute § 812.014, theft is defined as knowingly obtaining or using another person’s property with intent to deprive them of it.
Theft may be charged as:
Petit theft (misdemeanor): under $750
Grand theft (felony): $750 or more
While the charge level matters, both misdemeanor and felony theft cases can be dismissed when the facts, evidence, or cooperation fall apart.
⚠️ Who Actually Decides Whether Theft Charges Are Dropped?
In Florida, only the State Attorney has the authority to drop theft charges.
Not:
the alleged victim
the store or employer
the police officer
That means a theft case can be dismissed even after an arrest — when evidence is weak, intent is unclear, or cooperation collapses.
✅ When Can Theft Charges Be Dropped in Florida?
Theft cases are commonly dismissed in situations such as:
🔹 Victim Declines to Cooperate
A victim cannot “drop” charges themselves — but refusal to testify, identify the accused, or participate often weakens the case enough to justify dismissal.
🔹 First-Time Offender & Diversion
Many first-time defendants qualify for diversion programs that end with full dismissal once requirements are completed.
🔹 Lack of Evidence
No usable surveillance, unreliable witnesses, or missing property can prevent the State from proving its case.
🔹 Civil or Ownership Disputes
Roommate conflicts, billing errors, family disputes, or misunderstanding about ownership may convert a criminal case into a civil matter.
🔹 Restitution & Early Negotiation
In some low-level cases, properly structured restitution can lead to dismissal — but timing and strategy matter.
As a former prosecutor, Michael White regularly identifies theft cases that should never have been filed and pushes for dismissal before they gain traction.
🔽 What If the Charges Aren’t Dropped?
Not every theft case ends in dismissal. When prosecutors refuse to drop charges outright — especially in felony cases — the next best outcome may be reducing the charge.
In grand theft cases, this often means fighting valuation, intent, or ownership to reduce a felony charge to petit theft.
👉 Learn when grand theft charges can be reduced in Florida
🛡️ How We Push for Theft Charges to Be Dropped
Timing matters. The earlier a theft case is challenged, the more likely it is to be dismissed before lasting damage occurs.
At Michael White, P.A., we focus on:
Immediate victim contact when appropriate
Early negotiation with prosecutors before court escalation
Pre-filing intervention to stop charges before they’re filed
Motions to suppress or dismiss based on illegal searches, bad stops, or Miranda violations
Many theft cases are dismissed quietly — but only when pressure is applied early and correctly.
🚫 What Usually Does Not Get Theft Charges Dropped
Apologizing without legal counsel
Paying restitution blindly
Asking the victim to “drop” the case
Waiting until trial to act
Dismissals happen because proof fails, intent collapses, or legal defects are exposed.
📞 Facing Theft Charges in Florida?
If you’re trying to get theft charges dropped, time is your leverage.
👉 Learn how we defend Florida theft charges and push cases toward dismissal, reduction, or diversion before they escalate.
❓ Frequently Asked Questions
📄 Can theft charges be dropped if the victim doesn’t want to prosecute?
Not automatically. Only the State Attorney can drop charges — but a non-cooperative victim can influence the outcome.
🧾 Will paying back the money help get charges dropped?
Sometimes. Restitution can be part of a negotiated dismissal or diversion program.
⚖️ Can I get charges dropped before the first court date?
Yes. Pre-filing intervention is possible, especially if the case is weak or a mistake is evident.
📉 What if it’s my first offense?
You may qualify for diversion or dismissal, particularly for non-violent misdemeanors and low-level felonies.
📂 Will the charge still show up if it’s dropped?
Yes — but you may be eligible to seal or expunge your record once the case is dismissed.