Common misdemeanor charges in Pinellas County
Most of the misdemeanor cases we handle in Pinellas County Court fall into a familiar group of charges:
- Petit theft and shoplifting under $750 (second- or first-degree misdemeanor).
- Simple battery (first-degree misdemeanor).
- Possession of 20 grams or less of cannabis, often with a paraphernalia charge (first-degree misdemeanor).
- Disorderly conduct or breach of the peace (second-degree misdemeanor).
- Trespass, which is a second- or first-degree misdemeanor depending on where it happened and whether you were told to leave.
- Resisting an officer without violence (first-degree misdemeanor).
- Driving while license suspended with knowledge, a second-degree misdemeanor on a first conviction and first-degree on a second.
- Criminal mischief with damage of $200 or less (second-degree), or more than $200 but under $1,000 (first-degree).
Some of these grow into felonies with a prior record. A third conviction for driving while license suspended can be a felony, and so can petit theft with two prior theft convictions or a battery with a prior battery conviction.
Florida misdemeanor penalties
A second-degree misdemeanor carries up to 60 days in jail and a $500 fine. A first-degree misdemeanor carries up to 1 year in jail and a $1,000 fine. The ladder below shows how those compare with felony charges in Florida.
Most misdemeanor sentences don't include jail. The usual result after a conviction is probation, court costs, a class and community service, sometimes with restitution. Probation brings monthly fees and conditions, and a violation can lead to the jail time the judge didn't impose the first time.
Notice to appear vs. a custodial arrest
For many misdemeanors, the officer can choose between booking you into the Pinellas County Jail and writing a notice to appear, which lets you go home with a court date. A notice to appear is not a traffic ticket. It's a criminal charge, it goes to the State Attorney's Office the same way an arrest does, and if you miss the court date the judge can issue a warrant for your arrest.
After a custodial arrest, you are booked at the jail on 49th Street North in Clearwater and released on bond or on your own recognizance, or held for a first appearance hearing. Either way, the case that follows is the same, and so is the record of the arrest.
Adult Pre-Arrest Diversion and misdemeanor PTI
Pinellas County has two programs that keep many first-time misdemeanor cases off a person's record. The Adult Pre-Arrest Diversion program, run by the Pinellas County Sheriff's Office since 2016, covers certain minor offenses such as petit theft and possession of a small amount of marijuana. Eligible people complete community service with a nonprofit, attend a class and pay any restitution in place of being charged. Eligibility depends on the offense, your record and how the encounter with police went, and it is decided at the time of the arrest.
If you were arrested and didn't get into APAD, Pre-Trial Intervention may still be available once the case is filed. Under section 948.08, PTI is open to first offenders, and to people with no more than one prior nonviolent misdemeanor, with the agreement of the State Attorney and any victim. You complete the program's conditions, and the State drops the charge. We talk with the prosecutor about PTI early, before anything else happens in the case.
Do you have to go to court for a misdemeanor?
Misdemeanor cases are heard in Pinellas County Court, mostly at the Pinellas County Justice Center at 14250 49th Street North in Clearwater. The first court date is the arraignment. In many cases we file a written plea of not guilty and appear for you, so you don't have to take time off work for a hearing where nothing gets decided.
From there, we get the police report and any body camera video, and we look at whether the State can actually prove the charge. Doug Greenberg began his career as a state prosecutor, so he knows which cases prosecutors are willing to reduce or drop and which they plan to try. Many misdemeanors end with a dismissal, a reduced charge or a withhold of adjudication, and some go to trial in front of a six-person jury.
Why a misdemeanor conviction still follows you
Florida court records are public, and most of them can be searched online. Employers and landlords run background checks, and so do licensing boards. A misdemeanor conviction shows up the same way a felony does: a criminal conviction with your name on it. A petit theft conviction is especially damaging because Florida treats theft as a crime of dishonesty.
An adjudication of guilt can never be sealed or expunged, and a misdemeanor adjudication can block you from sealing a different record later. A dismissal or a withhold of adjudication on most charges leaves the door open to sealing or expunging the record. For theft charges specifically, see our page on petit theft defense.
Misdemeanor questions we hear most often
Do I need a lawyer for a misdemeanor in Florida?
You aren't required to have one, but a conviction stays on your record permanently unless the case ends in a way that allows sealing. A lawyer can often get you into PTI, get the charge reduced or dropped, or ask for a withhold of adjudication. Those outcomes are much harder to get on your own at arraignment.
Will I go to jail for a misdemeanor in Pinellas County?
For a first offense, jail is uncommon. Most misdemeanor cases that end in a conviction are resolved with probation, fines, court costs or community service. Jail becomes more likely with a long record or when someone was hurt.
Can a misdemeanor charge be dropped in Florida?
Yes. The State Attorney's Office can decline to file charges or drop them later, and completing PTI ends with the charge dropped. Problems with the evidence, such as an unlawful search or a witness who won't cooperate, also lead to dismissals.
Does a misdemeanor show up on a background check in Florida?
Yes. Both the arrest and the outcome appear on most background checks, even when the charge was dropped, until the record is sealed or expunged. A dropped charge or a withhold can usually be removed from public view through sealing or expungement.
Is a notice to appear the same as being arrested?
Legally, it is a criminal charge with a mandatory court date, and it is handled like any other misdemeanor case. You weren't booked into jail, but you still face the same possible penalties. Missing the court date can lead to a warrant.