Shoplifting in Lake Mary: How a Minor Mistake Can Lead to Major Consequences

Most people don’t enter a store with the intention of stealing. They may just be having a bad day and forget to pay for an item at the bottom of their cart. Still, this kind of innocent, “oops” moment can land you in serious trouble with the law in Lake Mary or elsewhere throughout Florida. In fact, just one minor incident can change your life.

If you or a loved one is facing charges for shoplifting, it is essential to understand the law, the penalties, and how a skilled criminal defense attorney can make a significant difference.

What Is Considered Shoplifting in Florida?

Shoplifting is defined by Florida law as “retail theft.” This does not mean only walking out of a store with unpaid merchandise in your hand. You can also be charged with retail theft for:

• Concealing merchandise in a bag or clothing
• Swapping price tags to pay less for an item
• Removing items from packaging
• Attempting to return an item you did not purchase for a refund
• Assisting someone else in shoplifting

In fact, you do not even have to leave the store. A store detective can apprehend you as you shop and call the police if you appear to be preparing to steal.

Shoplifting Laws in Florida

Florida has specific statutes that govern shoplifting, with penalties that vary depending on the value of the merchandise.

Less than $100 – Second-degree petit theft, punishable as a misdemeanor with up to 60 days in jail and a $500 fine.

$100 to $750 – First-degree petit theft, punishable as a misdemeanor with up to one year in jail and a $1,000 fine.

Over $750 – Grand theft, punishable as a felony with potentially many years in prison and thousands in fines. Depending on the specific circumstances, an individual can face grand theft charges for property valued over $300.

As you can see, these laws don’t just affect those who steal an expensive item. A $20 T-shirt or $10 lip gloss can still result in a harsh penalty.

Why a “Petty” Charge Can Have Major Consequences

“Hey, it’s just a misdemeanor. It’s no big deal.” It would be nice if that were true. But it’s not. Here’s why a shoplifting arrest can have serious consequences that affect you long after you pay your fine or do your time in jail.

• Criminal Record – A conviction for theft will go on your permanent criminal record. Potential employers, landlords, and even colleges and universities can see it. Theft is also considered a crime of dishonesty, and may raise red flags for the rest of your life.
• Your Ability to Work is Jeopardized – Many employers run criminal background checks on potential hires. If you apply for a job that requires you to work with cash or children, or in retail, you may be out of luck.
• Licenses and Certifications – Nurses, teachers, lawyers, real estate agents, and other professionals may be denied licenses over a theft conviction.
• Citizenship Issues – If you are not a U.S. citizen, a theft conviction can mean deportation or a loss of eligibility to become a citizen.
• Felony Penalties for Second Offense – If you are caught shoplifting again, the penalties are much more severe, even if the value is under $100.

What to Expect After an Arrest

If you are arrested for shoplifting, here is what can typically happen next:

• Detainment – Store security will stop you and detain you until the police arrive.
• Arrest or Citation – The police may arrest you on the spot, or issue a citation and tell you to appear in court.
• The Court Process – You will be required to appear before a judge. The prosecutor will present the state’s case, and you will be asked to plead.
• Possible Outcomes – Depending on the circumstances and your criminal history, you could be asked to leave with no further penalties, or you could be given probation, community service, fines, jail time, or end up with a criminal record.

That being the case, hiring a good defense lawyer could mean the difference between the best possible outcome and a lifelong criminal record.

Shoplifting Defenses

Every case is different and will have its own set of unique facts. However, there are common defenses your criminal defense attorney will consider, including the following:

• Intent to Steal – Maybe you forgot a bottle of water in your cart and left without checking out. Or perhaps you accidentally failed to scan a garment and walked out. Without proof that you had an intent to steal, the prosecution’s case will not be strong.
• Identity – Store security cameras may not be clear, and eyewitnesses can make mistakes.
• Ownership of Item or Right to Possess – You may have actually owned the item or had the store’s permission to take it.
• Illegal Search or Detainment – If store detectives or police overstepped their bounds in stopping or searching you, the evidence may be thrown out.

The key is to have an experienced lawyer who can carefully look at the circumstances and argue the strongest defense possible.

Options for First-Time Offenders

You may have options that do not include jail or a criminal record. First-time offenders may be eligible for:

• Pretrial Diversion – This is a program that can include completing community service hours, paying restitution, or taking classes in exchange for the charges being dropped.
• Withholding of Adjudication – In some cases, the judge will withhold the final judgment of conviction if you meet certain conditions.
• Expungement or Record Sealing – With the right result in your case, your record may be eligible to be sealed or even expunged from your record in the future.

The goal of these options is to give a person a second chance, but they are not guaranteed. You need a lawyer who can effectively fight for these options.

Hire a Lake Mary Criminal Defense Lawyer Today

Being arrested and charged with shoplifting in Lake Mary is a stressful experience. You could lose your freedom, your job, and even be prevented from working in your chosen field, all for a simple “oops” moment. But you can fight it. If you or someone you love is facing charges for shoplifting in Lake Mary, contact a skilled Lake Mary criminal defense attorney right away. The sooner you get help, the better your chance at protecting your future.