Facing Shoplifting Charges from CVS In Miami, Florida

Being accused of shoplifting or retail theft at CVS can be stressful. The charge and available defenses depend on what happened, the evidence, and the merchandise involved. A defense attorney can review the case and assess whether grounds exist to seek dismissal, a reduced charge, or another available resolution.

CVS Shoplifting and Theft Policies in Miami, FL

Florida law limits when store employees may detain someone for suspected shoplifting. Under section 812.015(3)(a), Florida Statutes, a merchant must have probable cause to believe retail theft occurred and that the property can be recovered by taking the person into custody. The detention must be reasonable in both manner and length. When store employees take someone into custody under this provision, they must call law enforcement immediately.

A retailer may also seek civil damages under Florida’s civil theft statute. A civil demand is separate from the criminal case; paying it does not itself resolve criminal charges.

Potential Penalties for Facing a CVS Shoplifting Case

For ordinary store merchandise, the charge generally depends on its value, although prior theft convictions and other circumstances can increase the charge:

Petit Theft — Merchandise worth less than $100 generally falls within second-degree petit theft, punishable by up to 60 days in jail. Merchandise worth $100 or more but less than $750 generally falls within first-degree petit theft, punishable by up to one year in jail.

Third-Degree Grand Theft — Merchandise worth $750 or more but less than $20,000 generally falls within third-degree grand theft, punishable by up to five years in prison.

These value ranges do not cover every case. Prior theft convictions can increase the charge, and Florida’s retail-theft law has separate felony provisions for certain repeated or coordinated thefts. Theft of a controlled substance can also be grand theft regardless of its value.

A shoplifting conviction also generally remains permanently on a criminal record and has other personal, professional, and social consequences.

Potential Defenses Against CVS Shoplifting Charges

Skilled criminal defense lawyers know pursuing charge dismissals or acquittals requires closely examining the available evidence and police procedures for gaps. Several defenses Miami attorneys employ against CVS theft accusations include:

  • Mistaken identity – Defendants may argue CVS staff or police misidentified them.
  • No proof of intent — The State must prove criminal intent beyond a reasonable doubt. An honest mistake or forgotten item does not, by itself, establish theft. Our article on absent-mindedness versus criminal intent in shoplifting cases explains how the surrounding facts can support this defense.
  • Insufficient evidence – If available evidence like surveillance footage fails to prove guilt, charges could be dismissed.

Finding the Right Shoplifting Defense Attorney for Your CVS Case

Our firm’s skilled shoplifting defense lawyers have extensive experience defending clients accused of stealing from CVS locations across Miami-Dade County. In the face of allegations from large retailers like CVS, we aggressively protect our clients’ rights. Contact us immediately if you or a loved one faces shoplifting or theft charges from CVS so we can start building your defense today.

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