Facing Shoplifting Charges at Bloomingdale’s in Miami?

After a long day, you wandered into a gleaming white Bloomingdale’s in Miami, perhaps in Aventura or Dadeland Mall. As you walked past towering displays bursting with the latest fashions, a pretty scarf or pair of sunglasses may have caught your eye. You slipped it into your bag without thinking. Maybe you did think about it but decided that no one would notice or care if one little item went missing from such a big, upscale store. Or, maybe you were falsely accused.

Now, as you sit at home staring at a citation for retail theft from Bloomingdale’s or a notice of a pending court date, you realize the gravity of your situation. You’re facing criminal shoplifting charges.

The Legal Process for Your Bloomingdale’s Shoplifting Charges

As the reality of being arrested and charged with a crime starts to sink in, you’re probably very anxious and scared about what happens next. Most people facing shoplifting charges have no prior record and little experience with the legal system.

Here’s an overview of the basic legal process in Florida when charged with retail theft from a store like Bloomingdale’s:

First Appearance or Notice to Appear

If you remain in custody after arrest, you generally must appear before a judge within 24 hours. At this first appearance and bond hearing, the judge explains the accusation and your rights, addresses counsel, and considers release. If you receive a notice to appear or are otherwise lawfully released beforehand, follow the court date and instructions provided.

Arraignment and Plea Entry

At arraignment, you enter a plea of guilty, not guilty, or no contest. A not guilty plea preserves your right to contest the charge; the prosecution must prove guilt beyond a reasonable doubt. A guilty or no-contest plea allows the court to impose a sentence. Where the law permits, the judge may withhold adjudication.

Case Negotiations and Motion

After your plea is entered, case negotiations often occur between the defense and prosecution. Your attorney will analyze every aspect of your case to evaluate your possible defenses at trial. Reaching a plea bargain to reduce the charges may also be an option, depending on the facts.

Bench or Jury Trial

If the case goes to trial, a six-person jury ordinarily decides whether the prosecution has proved the charge beyond a reasonable doubt. A judge may decide the case without a jury if you validly waive a jury trial with the State’s consent. You do not have to prove your innocence.

Sentencing

For an ordinary shoplifting charge without enhancements, the penalties depend largely on the merchandise’s value. Petit theft involving property worth less than $100 is generally a second-degree misdemeanor, punishable by up to 60 days in jail and a $500 fine. Property worth $100 or more but less than $750 generally makes the offense a first-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. Grand theft involving property worth $750 or more but less than $20,000 is generally a third-degree felony, punishable by up to five years in prison and a $5,000 fine. Prior theft convictions or other circumstances can increase the charge or penalties. These are maximum penalties, not predictions of the sentence in your case.

An Experienced Defense Attorney is Crucial for Shoplifting Charges

Once accused of shoplifting by retail staff, customers face an uphill legal battle. Police and prosecutors usually presume store guards or technology have definitively identified the perpetrator and resist dropping charges without strong contradictory evidence.

Loss prevention systems and methods are not foolproof, leading to innocent people facing bogus shoplifting charges. An experienced criminal defense lawyer will investigate your case for the following:

  • Mistaken Identity: Video footage capturing one person concealing merchandise mistakenly leads to someone else with a similar appearance being stopped outside the store.
  • Rushing to Judgement: Loss prevention officers under pressure to catch thieves may misread customer behaviors as suspicious and stop or search them without legally required proof.
  • Unreliable Witness Testimony: Conflicting eyewitness observations by stressed retail staff lead police to charge the wrong individual.
  • Technology Errors: Inaccurate scans, tags, or counts by automated systems incorrectly indicate merchandise is unaccounted for. The wrong customer is blamed.
  • Sloppy or Unethical Practices: Improper surveillance, dishonest staff, or questionable search methods wrongly incriminate innocent shoppers.

Leveraging First Offender Status

If you have no prior record, your lawyer can assess the options available to first-time offenders, including whether you qualify for diversion. Depending on the program, completing classes, community service, or restitution requirements may lead to dismissal of the charge. Eligibility and terms depend on your case.

Negotiating Reduced Charges or Penalties

An experienced lawyer with relationships with local prosecutors may negotiate amended charges or pre-trial intervention programs that result in charges being dropped following participation and restitution.

Don’t Face Bloomingdale’s Shoplifting Charges Alone

Defending shoplifting cases involves specialized legal skills and thorough analysis of policies, procedures, and evidence. Before you consider negotiating with police or prosecutors or just giving up and pleading guilty, talk to a defense lawyer. An initial consultation is confidential. Learn about all your options.

Our Florida retail crime defense lawyers represent clients accused of shoplifting at major department stores and high-end retailers, including Nordstrom, Saks Fifth Avenue, and Macy’s. We understand how Bloomingdale’s aggressively pursues shoplifting charges. Let our experience work for you.

Do not wait to get experienced legal help on your side. The sooner you contact us, the sooner we can protect your future.

CALL US NOW for a CONFIDENTIAL INITIAL CONSULTATION at (305) 538-4545, or take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

*Due to the large number of people who contact our law office requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry promptly and appropriately.

THERE ARE THOUSANDS OF LAW FIRMS AND ATTORNEYS IN SOUTH FLORIDA. ALWAYS INVESTIGATE A LAWYER’S QUALIFICATIONS AND EXPERIENCE BEFORE MAKING A DECISION ON HIRING A CRIMINAL DEFENSE ATTORNEY FOR YOUR MIAMI-DADE COUNTY CASE