Miami, Florida Shoplifting Lawyer

Attorney Defending Against Retail Theft Charges in Miami, FL

If you have been accused of stealing merchandise from a store, the situation may not seem to be serious, but you could face multiple types of penalties. What begins as a confrontation in a retail store can lead to criminal prosecution with consequences that can be long-lasting. A shoplifting conviction will show up in background checks, and it can damage your professional reputation and create obstacles to employment that may persist for years.

The assumption that shoplifting is a minor offense that can be quickly resolved is often incorrect, and as you face law enforcement officials, prosecutors, or a judge, you will need to make sure you have an experienced attorney on your side. At Stroleny Law: Criminal Defense Attorney, we understand that retail theft cases involve real people who face real consequences. Our lawyer can develop defense strategies that will address both the immediate criminal charges and the broader impact of a conviction. His goal is to protect against outcomes that could derail your career and affect your education and personal relationships.

Understanding Retail Theft Charges

Shoplifting may include any act of taking merchandise from a retail establishment without paying the full price as required. The specific charges will depend on the total value of goods that were allegedly stolen during a single incident or related series of thefts.

When merchandise that was allegedly stolen is valued under $100, the charges may include second-degree petit theft, which is a misdemeanor punishable by up to 60 days in jail. If items that were allegedly stolen were worth between $100 and $750, you could be charged with first-degree petit theft, and a conviction could lead to a potential one-year jail sentence. These misdemeanor classifications apply to the majority of shoplifting cases involving clothing, cosmetics, groceries, or other retail items.

Charges can escalate dramatically in cases that exceed the $750 threshold. Retail theft exceeding this amount is classified as grand theft, which is a felony offense. Third-degree grand theft may be punishable by a sentence of up to five years in prison. The alleged theft of electronics, designer clothing, jewelry, or combinations of multiple items can easily lead to felony charges. Store employees who are accused of stealing merchandise over time may face felony charges when prosecutors add up the total value of the alleged thefts.

Prior convictions may also affect the severity of a shoplifting charge. A third shoplifting offense that is classified as petit theft will result in felony prosecution, regardless of the value of the merchandise involved in a case.

Conduct That May Lead to Charges of Shoplifting

Concealing and stealing items is the most common form of retail theft. Customers may be accused of placing merchandise in purses, backpacks, shopping bags, or under their clothing before leaving a store. Security personnel may watch for concealment using surveillance cameras or direct observations by loss prevention officers.

Price manipulation schemes may involve switching tags from less expensive items onto more expensive merchandise, scanning cheaper items at self-checkouts while bagging expensive products, or altering price labels. Self-checkout fraud has increased as more and more stores have installed automated checkout systems. Failing to scan all items or typing in produce codes rather than scanning expensive items could lead to charges of shoplifting. These cases may involve genuine mistakes by customers who are unfamiliar with self-checkout technology.

Return fraud may involve obtaining refunds for stolen merchandise, returning items after they have been used, or using fraudulent receipts. These schemes can result in theft charges, and a pattern of making fraudulent returns could lead to more serious penalties.

Theft by employees may be considered shoplifting, and it can result in serious criminal charges. Workers may be accused of stealing merchandise, manipulating transactions, providing unauthorized discounts to friends, or pocketing cash from registers. In many cases, employment theft may involve multiple incidents that can add up to a large amount of allegedly stolen money or merchandise, which can lead to felony grand theft charges.

How a Shoplifting Conviction Can Affect Your Life

People who are convicted of shoplifting charges may face long-term employment consequences. Employers often conduct background checks, and they may discover theft convictions, causing them to question a candidate's honesty and trustworthiness. Positions involving cash handling, access to inventory, or financial responsibility may not be available to people with theft convictions. Many employers have blanket policies against hiring anyone who has previously been convicted of theft charges, regardless of the circumstances of a case or the amount of time that has passed since a conviction.

Young people can face severe consequences when shoplifting convictions occur during their teenage years. In addition to the criminal penalties they may face, teenagers may be unable to pursue educational opportunities or find employment in certain fields. Educational institutions may impose consequences, including suspension or expulsion. Students who are receiving financial aid may lose the funds they need to pay for college. A mistake made at a young age can affect a person's life and career trajectory for decades.

Professional licensing boards will often view theft as a disqualifying offense. Healthcare workers may lose their nursing licenses, teachers may be unable to obtain or renew their certifications, financial advisors could have their securities licenses revoked, and attorneys may risk disbarment. The investment of years and substantial money in a professional career can evaporate following a shoplifting conviction.

Housing applications may be denied due to a person's criminal record. Landlords may perform background checks, and they may reject applicants who have been convicted of theft. Public housing and rental assistance programs may also conduct background screening that can reveal shoplifting convictions, affecting a person's ability to obtain benefits.

Building a Strong Defense Against Retail Theft Allegations

Demonstrating a lack of criminal intent is often the most important step to take when defending against shoplifting charges. A customer may have become distracted, or they may have forgotten about items in their cart or bag. Our lawyer can gather evidence showing a person's behavior before and after the incident and provide an explanation showing that there was no intent to commit theft.

An analysis of security camera footage may reveal details that contradict the claims made by loss prevention officers at retail stores. Video may show that a person was openly carrying items rather than concealing them, that they were attempting to find an employee and ask questions, or that they were exhibiting confusion rather than suspicious behavior. Our attorney will obtain and carefully review all available footage, using this evidence to show that there was no criminal intent.

Our lawyer may raise concerns about violations of a person's rights by loss prevention officers or other employees. Store personnel must follow specific protocols when detaining suspected shoplifters. When security officers exceed their authority, use excessive force, or detain people for extended periods without cause, it may be possible to have a case dismissed.

Insufficient evidence is another defense that may be used in cases involving shoplifting allegations. Accusations may be based primarily on security officers' suspicions rather than clear proof that a person attempted to steal merchandise. Some cases may involve assumptions about a person's intent based on momentary observations, without any actual evidence of concealment or theft. Our attorney can challenge weak cases that are based on speculation.

Our lawyer may work to reduce charges by disputing the value of the merchandise involved in a case. Stores may overstate the value of items. Retail prices may not always reflect the actual value of merchandise, especially in situations involving used or damaged items. An accurate valuation can mean the difference between misdemeanor and felony shoplifting charges.

Our Representation Makes the Difference

During your initial consultation, our lawyer will discuss the situation with you to ensure that he understands exactly what happened. This can help him identify every possible defense and mitigation strategy. He will listen to your story without judgment, explain your options, and make sure you understand the potential outcomes of your case.

Our attorney can communicate with prosecutors to prevent unnecessarily harsh charging decisions and to begin negotiating favorable resolutions. Early intervention can often lead to better results than waiting for formal charging.

Throughout your case, our lawyer will keep you informed about ongoing developments and help you make strategic decisions. He will explain court procedures, negotiations, and the implications of different options so you can make informed choices. He will work to achieve an outcome that will minimize your long-term consequences, preserve employment and educational opportunities, and allow you to move forward with your life.

Contact Our Miami Shoplifting Attorney

Stroleny Law: Criminal Defense Attorney has successfully defended numerous clients against retail theft charges. We will work to secure a dismissal or acquittal or determine whether other options may be available to avoid serious penalties and protect your future. Our attorney understands what is at stake, and he will fight for an outcome that will minimize the lasting impact of these charges on your life. Contact our Miami, FL retail theft defense lawyer at 305-615-1285 to schedule a free consultation today.