Why a Minor Theft Charge Became a Deportation Trap
In recent years, Florida has become ground-zero for tough policies linking crime and immigration. In fact, as of 2025, just being charged with theft can land a non-citizen in ICE detention. This is due to the new Laken Riley Act, a federal law signed in January 2025, which mandates ICE to detain any immigrant accused of theft (or similar offenses)dhs.gov. That means even before any guilt is proven, you could be sitting in an ICE facility with no bond, simply because of an arrest.
Meanwhile, Florida state courts still treat petit theft (for example, shoplifting a small item) as a minor misdemeanor. Prosecutors often offer first-time offenders what looks like a lenient deal – like paying court costs, a small fine, or brief probation. But for non-citizens, that “easy” deal can be a trap. Here’s why:
- Crimes Involving Moral Turpitude (CIMT): A theft offense is usually classified as a CIMT under immigration law. If you accept guilt (even for a misdemeanor), you may be labeled as having committed a CIMT. This label can destroy your immigration prospects – it can make you ineligible for visas, green card renewal, DACA, TPS, or citizenship for years to come. It’s far more serious than it sounds.
- Automatic ICE Holds: Under the Laken Riley Act, the moment you’re charged, ICE is alerted. Even if a state judge releases you on bail, ICE can place a detainer (hold) and transfer you to immigration custody. We’ve seen clients get scooped up by ICE before their first court date. If that happens and you miss court, a warrant will be issued. A simple shoplifting case can spiral into a two-front battle: a theft charge and an immigration detention, all at once.
- Fast-Track Removal: If you plead guilty to theft while on an ICE hold, you could be fast-tracked for removal (deportation). Some clients think, “If I just take the deal and serve a day in jail, I’ll get out.” But for immigrants, serving even a short sentence can lead directly to deportation proceedings. ICE often interprets a plea or conviction as a green light to remove you from the country, even if the state punishment was minimal.
- Permanent Record Issues: A theft conviction – or sometimes even just the charge – can create long-term issues beyond immigration. It’s a mark of dishonesty, so future employers or landlords might see it on a background check. And if you ever apply for an immigration benefit, that one incident will come back to haunt you during background checks, unless we succeed in keeping your record clean.
In short, a petit theft is never “petty” for a non-citizen. It’s a domino that can knock down your entire future in the U.S. Our practice exists to stop that chain reaction.
How We Defend Petit Theft Cases (and Protect Your Status)
When you hire Mitkevicius Law for a theft case, you get a defense plan that covers both court and immigration angles. Here are some key ways we protect you:
- Emergency Action on ICE Holds: If you’ve been arrested for theft and there’s a hint of an ICE detainer, we spring into action. Within hours of being hired, we can file a written plea of Not Guilty and a Motion to Waive your Appearance at upcoming court dates. This means that if ICE takes you into custody, you won’t be marked as failing to appear in court. We essentially put your Florida case on hold (or manage it in your absence) until you can return – preventing that ugly scenario of a bench warrant compounding your problems. Our quick action can be the difference between a single manageable case and a legal nightmare.
- Fighting the Charge: We scrutinize the evidence in your theft case. Sometimes these incidents are misunderstandings – perhaps an item wasn’t properly scanned at self-checkout, or you genuinely forgot to pay for something while distracted. We gather security camera footage, witness statements, and any other evidence to challenge the prosecution’s case. If the evidence is weak or your rights were violated (e.g., improper search or arrest), we will motion to suppress evidence or dismiss the case outright.
- Negotiating Safe Outcomes: In many Florida petit theft cases, the State might offer diversion programs or a withhold of adjudication (meaning no formal conviction). However, not all “diversions” are equal for immigrants. We use our immigration law knowledge to vet any offer. For instance, a standard diversion might require you to admit guilt (problematic for immigration) or might not officially count as a conviction – we’ll know the difference. Our goal is a resolution that causes no immigration harm, such as: 1) Pre-Trial Diversion leading to a complete dismissal of charges after you complete a course or community service, or 2) an amended charge that isn’t a CIMT. In some cases, we can negotiate to have a theft charge reduced to something like “trespass” or a minor ordinance violation, which may carry far less immigration risk. We pressure the prosecutors for a solution that protects your status, not just one that closes the case quickly.
- Avoiding the CIMT Label: We are acutely aware of what makes a theft a CIMT. Sometimes, even the wording of the charge or the statute you plead to can decide if immigration authorities see it as a moral turpitude offense. Whenever possible, we aim for an outcome that does not involve an admission of intent to permanently deprive (a key element that makes it a CIMT). This might involve creative plea bargaining. For example, in a shoplifting case, we might negotiate a plea to a lesser offense like “disorderly conduct” or “misdemeanor attempted theft” under a statute that’s arguably not a CIMT. It can get technical – but rest assured, we’re thinking five steps ahead to protect your good name in the eyes of immigration law
- Trial as a Last Resort – and Leverage: If the prosecution won’t offer a truly safe option, we are fully prepared to take your theft case to trial. Jury trials can be risky, but we often use the readiness to go to trial as leverage. Prosecutors know that if their case has weaknesses, they’d rather not lose in a public trial. Josef Mitkevicius has a reputation for being ready to fight – which often brings the State back to the table with a better deal. If we do go to trial, we will vigorously defend you, and if we win (acquittal), you walk away with no conviction – the best outcome for immigration. Even if a trial doesn’t go our way, having fought it can sometimes preserve certain options (and at that point we’d coordinate with an immigration attorney for any relief available). The key point is: we will not let you plead guilty to a theft if it will ruin your life in the U.S. unless there is absolutely no other choice and you fully understand the stakes. We explore every alternative first.
Benefits of Having Mitkevicius Law on Your Side
Choosing the right attorney for a petit theft case can mean the difference between staying in America or being forced to leave. Here’s what you get with Mitkevicius Law:
- Experience with Theft + Immigration: We have handled countless theft cases with an immigration lens. We know the common scenarios (first-time shoplifting, employee theft, youthful mistakes, etc.) and the uncommon ones. We keep track of how different Florida jurisdictions handle these cases, and we’ve developed strategies to turn even tough cases (like blatant evidence on video) into salvageable outcomes. Our understanding of both criminal law and immigration law is extensive, so you won’t have to explain your immigration concerns to us – we already know what’s at stake.
- Bilingual, Culturally Sensitive Service: About 50% of our theft case clients speak Spanish as their first language. We provide services en Español and make sure family members are looped in (with your permission) so everyone knows what’s happening. We can translate court developments and legal concepts so that you and your loved ones are never in the dark. Our staff also understands the cultural implications – for example, we’ve helped clients from cultures where extended family shopping together led to confusion about items in a cart. We don’t make judgments; we solve problems while respecting your background.
- Court Appearance Waivers: If you’re placed in ICE custody or if you’ve left the country temporarily, we can often handle court without you present for a period of time. For misdemeanors like petit theft, Florida law allows attorneys to waive the defendant’s appearance at many stages. We have successfully represented clients who were deported during their case or who couldn’t return for a while – by keeping their case active and resolving it in their absence, so they didn’t end up with warrants. This is a huge relief for those who fear being detained and missing court. We effectively “freeze” the criminal side until we can get you back, or we resolve it by mail if possible.
- Transparent, Flat Fees (Trial Included): We charge a flat fee for theft cases and we do not charge extra if the case goes to trial. Some lawyers lure clients with a low fee and then hit them with a big “trial fee” if the client wants to fight the case. We find that practice unethical when someone’s future is on the line. At Mitkevicius Law, the price we quote is the price you pay, period. This approach means our advice is always in your best interest – if we recommend trial, it’s because we truly think it’s the best path, not because we’re trying to earn a bonus. We also offer payment plans, understanding that finances can be tight, especially for immigrant families.
- Holistic Support: Beyond the legal case, we’re here to support you through the stress. Petit theft charges can be embarrassing – many of our clients feel ashamed or worried about what others will think. We offer a non-judgmental environment and can often connect clients with counseling or shoplifting prevention courses proactively (which sometimes helps in negotiations too). If your case involves underlying issues (like untreated kleptomania or financial hardship), we approach it with empathy and can provide referrals for help. Our aim is not just to resolve one case, but to set you up so that you never have to face this situation again.
Bottom line: A petit theft charge doesn’t have to derail your American dream. With the right defense, you can protect your record and your immigration status. Mitkevicius Law will fight to contain the fallout and, whenever possible, get the charge dismissed or downgraded so your life remains on track.
Take Action Now: The earlier you involve us, the more we can do – sometimes even preventing an ICE hold if we intervene fast. Call 850-361-2142 for a free consultation about your theft case. We’ll treat your situation with urgency and care, explain how we can help, and start working on a strategy to keep you and your future safe. Don’t let a small mistake turn into a big tragedy – let us help you navigate this safely.
