Last updated November 2025
If you’ve been arrested for theft in Florida — even something minor like shoplifting — you might be wondering: Is there any way to get the charges dropped?
The good news? Yes, theft charges can be dropped in Florida — but it’s not automatic, and the decision is not up to the alleged victim.
Here’s what you need to know if you or someone you love is facing theft charges.
📜 Florida Law on Theft Charges
Under Florida Statute § 812.014, theft is defined as:
“Knowingly obtaining or using the property of another with intent to deprive the other person of a right to the property or a benefit from the property.”
Petit theft (misdemeanor): under \$750
Grand theft (felony): \$750 or more
💡 The charge level affects the process — but in both cases, prosecutors can choose to drop charges when the facts, evidence, or cooperation falls apart.
✅ When Can Theft Charges Be Dropped in Florida?
Prosecutors may drop or dismiss theft charges in situations like:
🔹 Victim Doesn’t Want to Press Charges
While the victim doesn’t control prosecution, a victim who refuses to cooperate can significantly weaken the case.
🔹 First-Time Offender & Diversion
In many counties, eligible defendants can complete a diversion program in exchange for a full dismissal.
🔹 Lack of Evidence
No clear footage, no witness ID, no physical recovery of stolen goods? The State may not be able to meet the burden of proof.
🔹 Civil Disputes
If the case turns out to be a misunderstanding, billing error, or roommate/family dispute, it may be classified as a civil — not criminal — issue.
🔹 Restitution & Negotiation
In some cases, paying restitution quickly can lead to dropped charges — especially for low-level offenses.
🛡️ How We Fight to Get Theft Charges Dropped
At Michael White, P.A., we don’t wait for the State to drop the case — we push for it.
🔹 Immediate Victim Contact
If appropriate, we contact the alleged victim directly to resolve the issue or gather a declination of prosecution.
🔹 Early Negotiation With Prosecutors
We engage early, before the first court date, to show weaknesses in the case or propose dismissal.
🔹 Pre-Filing Intervention
If charges haven’t been filed yet, we submit evidence and legal arguments to the State Attorney’s Office to stop the case before it starts.
🔹 Motion to Suppress or Dismiss
We challenge unlawful searches, bad stops, or Miranda violations that undermine the case.
✅ Why Clients Hire Michael White
✅ Former prosecutor who understands theft case strategy from both sides
✅ Known for early dismissal tactics and record-saving resolutions
✅ Trusted by professionals, students, and first-time offenders
✅ Responsive, aggressive, and focused on long-term consequences
📞 Facing Theft Charges in Florida? Let’s Fight for Dismissal.
The sooner we act, the stronger your position becomes. Don’t let one mistake define your future.
❓ 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.