Understanding Florida Shoplifting Laws

 

Being accused of shoplifting can be a stressful and confusing experience.# Understanding Florida Shoplifting Laws

Being accused of shoplifting can be a stressful and confusing experience. Many people don't realize that a simple mistake or a moment of poor judgment can lead to serious legal consequences. In Florida, shoplifting is treated as a theft crime, and the penalties can range from minor fines to significant jail time, depending on the value of the goods involved.

This guide will explain Florida's shoplifting laws, outline the potential penalties, and describe the legal process you might face if charged. Understanding your rights and what to expect is the first step toward navigating this challenging situation. We will also cover how a bail bondsman can assist if you or a loved one is arrested.

What is Shoplifting in Florida?

Under Florida Statute 812.015, shoplifting is legally defined as "retail theft." The law is broad and covers more than just walking out of a store with an item you haven't paid for. An individual can be charged with retail theft for several actions, including:

• Taking possession of or carrying away merchandise: This is the most common form of shoplifting, where someone intentionally takes an item with the intent to deprive the merchant of its value.
• Altering or removing a price tag: Changing a price tag to pay less for an item is also considered retail theft.
• Transferring merchandise to a different container: Moving an item from its original packaging to another container to conceal it or avoid paying the full price falls under this law.
• Removing a shopping cart: Taking a shopping cart from the store's premises with the intent to keep it is also a form of retail theft.

It is crucial to understand that the prosecution must prove you intended to steal. Accidentally walking out of a store with an unpaid item in your cart may not automatically result in a conviction, but it can still lead to an arrest and charges.

Penalties for Shoplifting in Florida

Florida categorizes theft offenses based on the value of the property stolen. The penalties for shoplifting, or retail theft, increase with the value of the merchandise. These charges are classified as either petit theft or grand theft.

Petit Theft

Petit theft applies to stolen goods with a lower value. It is divided into two degrees:

• Second-Degree Petit Theft: This is the charge for stealing items valued at less than $100. It is a second-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500.
• First-Degree Petit Theft: If the stolen merchandise is valued between $100 and $750, the charge is first-degree petit theft. This is a first-degree misdemeanor, carrying penalties of up to one year in jail and a fine of up to $1,000.

A person with a prior theft conviction who commits petit theft again can face upgraded charges.

Grand Theft

When the value of the stolen property is higher, the offense becomes grand theft, which is a felony. The penalties are much more severe.

• Third-Degree Grand Theft: This charge applies when the stolen items are valued between $750 and $20,000. It is a third-degree felony, punishable by up to five years in prison and a fine of up to $5,000.
• Second-Degree Grand Theft: If the value of the goods is between $20,000 and $100,000, the charge is a second-degree felony. A conviction can lead to up to 15 years in prison and a fine of up to $10,000.
• First-Degree Grand Theft: For merchandise valued at $100,000 or more, the charge is a first-degree felony. This is the most serious level of theft, carrying penalties of up to 30 years in prison and a fine of up to $10,000.

Having a felony on your record can have lifelong consequences, affecting your ability to find employment, secure housing, and even vote.

What to Do if You Are Arrested for Shoplifting

An arrest for shoplifting sets a legal process in motion that can be intimidating. Here’s what typically happens and how you should respond.

The Arrest and Booking Process

If a store's loss prevention officer or an employee suspects you of shoplifting, they have the right to detain you in a reasonable manner for a reasonable amount of time. They will likely call the police, who will then decide whether to make an arrest based on the evidence.

If you are arrested, you will be taken to a local jail for booking. This process includes taking your fingerprints, photograph (mugshot), and personal information. You will be held until you can post bail or until your first court appearance.

The Role of a Bail Bondsman

After being booked, a judge will set a bail amount. Bail is a financial guarantee that you will appear for your future court dates. If you cannot afford to pay the full bail amount, a bail bondsman in Orlando, FL, can help.

For a non-refundable fee (typically 10% of the total bail amount), a bail bond agency will post a bond with the court on your behalf. This allows for your release from jail while you await trial. Being out on bail gives you the freedom to continue working and to consult with your attorney to prepare your defense. The process is much faster and more affordable than paying the full bail amount yourself.

Court Appearances

Your first court appearance, often called an arraignment, is where you will be formally charged and asked to enter a plea (guilty, not guilty, or no contest). It is highly advisable to have legal representation at this stage. An attorney can advise you on the best plea for your situation and begin building a defense strategy.

Potential Defenses Against a Shoplifting Charge

Even if the evidence seems strong, there are several potential defenses that a skilled attorney can use to fight a shoplifting charge.

• Lack of Intent: The prosecution must prove you intended to steal. If you can show that you simply forgot to pay for an item or were distracted, you may be able to defeat the charge. For example, a parent busy with a crying child might plausibly forget about an item on the bottom of a stroller.
• Mistaken Identity: Security footage can be grainy or unclear. If you were misidentified as the person who committed the theft, your attorney can challenge the evidence.
• Illegal Search or Detention: Store employees must follow specific rules when detaining a suspect. If they used excessive force or detained you without reasonable cause, any evidence they collected may be inadmissible in court.
• Ownership: In some rare cases, you may be able to prove that you already owned the item you are accused of stealing.

Get the Help You Need

A shoplifting charge in Florida can have lasting effects on your life. From fines and jail time to a permanent criminal record, the consequences are serious. If you or a loved one has been arrested, the first priority is securing release from jail so you can focus on building a strong defense.

If you're looking for a reliable bail bondsman in Orlando, FL, our team at Mike Snapp Bail Bonds is here to help. We operate 24/7 and can guide you through the bail process quickly and professionally. Contact us today for confidential assistance and to learn more about how we can help you navigate this difficult time.