Miami Shoplifting Lawyer

For many people, a shoplifting accusation is their first encounter with the criminal justice system. Beyond the immediate concern about going to court, there is the worry about a criminal record and what it could mean for a job, a professional license, or future opportunities. Getting clear answers about your situation can help you decide what to do next.

Our Miami law firm represents people accused of shoplifting throughout South Florida. We begin by listening to your account of what happened and examining the evidence behind the accusation. That gives us a basis for explaining your options, identifying possible defenses, and working toward a resolution that takes your concerns into account.

Questions After a Store Theft Accusation

Evidence and Defenses in a Shoplifting Case

A shoplifting defense often turns on what happened before the store stopped you and what the evidence shows about your intent. Under Florida Statute § 812.014, that intent can involve depriving an owner of property or its benefit temporarily or permanently. An intent to keep an item forever is not required. Concealment may be evidence of intent, but it does not automatically establish guilt.

Mistakes, returns, and missing context

An item left on the lower rack of a cart, an incomplete scan, or merchandise brought into the store for a return can raise different questions. We compare receipts and payment records with the full sequence of events to see whether the store’s account leaves out something important. Video showing entry into the store may matter just as much as footage near the exit. Returning an item can be relevant, but it does not automatically undo a completed theft.

Those details are especially important when the accusation stems from an oversight. Our discussion of absent-mindedness and criminal intent explains why an honest mistake needs to be assessed in context.

What did store security actually see?

Loss prevention officers can misidentify a shopper, lose sight of an item, or draw a conclusion from an incomplete view. Camera angles, gaps in footage, and the timing of transactions may support or undermine the allegation. We review those details against the store’s account, any witness statements, and the police report.

• Video and timing: Tell us promptly about any surveillance footage so we can address preservation before it is overwritten.
• Receipts and purchase history: Keep receipts, return records, app transactions, and payment records in their original form.
• Statements and paperwork: Give us copies of anything you signed, including store statements, trespass notices, and police paperwork.
• Value and identification: The exact items, their value, and who handled them can affect both the charge and the defense.

If you believe store security detained you unlawfully, the facts may also warrant review of a false arrest or detention claim. An accusation that cannot be proved does not by itself establish civil liability.

Shoplifting Charges and Penalties Under Florida Law

The value of the merchandise is usually the starting point in determining a shoplifting charge. Depending on the amount and the circumstances, the allegation may be charged as petit theft, grand theft, or an offense under Florida’s retail theft statute. Prior convictions and allegations of repeated or coordinated theft can also affect the charge.

Petit theft and grand theft

For an ordinary value-based theft charge under § 812.014, the general ranges are:

• Less than $100: second-degree petit theft, generally a second-degree misdemeanor carrying up to 60 days in jail and a $500 fine.
• $100 to less than $750: first-degree petit theft, generally a first-degree misdemeanor carrying up to one year in jail and a $1,000 fine.
• $750 to less than $20,000: generally third-degree grand theft, carrying up to five years in prison and a $5,000 fine.
• $20,000 to less than $100,000: generally second-degree grand theft, carrying up to 15 years in prison and a $10,000 fine.
• $100,000 or more: generally first-degree grand theft, carrying up to 30 years in prison and a $10,000 fine.

These are general statutory maximums under § 775.082 and § 775.083, not a prediction of your sentence. Exceptions and enhancements may apply. Court costs, restitution, probation, or other conditions may also be at issue. Our petit theft page covers misdemeanor theft and the court process; the grand theft page addresses felony theft more broadly.

When retail theft can carry a higher charge

Florida Statute § 812.015 covers conduct such as taking merchandise, switching price tags, or transferring items between containers with the required intent to deprive the merchant. Its felony provisions reach several forms of coordinated or repeated retail theft. Current examples include:

• Combining incidents: qualifying thefts within a 120-day period may be combined to reach a felony threshold. The statute includes certain coordinated thefts, thefts from multiple locations, and thefts connected to resale.
• Repeated thefts: three or more thefts within 120 days involving at least 10 items, with thefts at two or more physical merchant locations, can support a third-degree felony regardless of total value. A related provision involving at least 20 items can support a second-degree felony.
• Other enhancements: qualifying prior retail-theft convictions, certain coordinated thefts exceeding $3,000, group thefts intended to overwhelm store staff, social-media recruitment, or possession of a firearm can increase exposure when the statutory conditions are met.

Because these provisions have different requirements, we review the specific subsection charged and the law in effect on the alleged offense date. If the allegations concern resale, the separate dealing in stolen property offense may also need review.

A First Shoplifting Charge: Diversion and Your Record

For someone with no prior record, one of the first questions is whether the case can end without a conviction. A diversion program may be available, but eligibility depends on the charge, prior history, prosecutor’s criteria, and the facts. We consider whether diversion is appropriate alongside any grounds for challenging the charge.

Diversion terms may include a class, community service, restitution, or other requirements. Successful completion of an approved program can lead to dismissal. Read the actual agreement, including its deadlines and what happens if you do not finish. Our guide to first-time offender programs gives more context.

A dismissal does not automatically erase every record of the case. Ask about record sealing or expungement and how the proposed disposition affects eligibility. Before accepting a plea, discuss work or licensing concerns and, if you are not a U.S. citizen, the immigration consequences of a theft charge.

What Should You Do With a Civil-Demand Letter?

A retailer may send a demand for payment under Florida’s civil theft law, § 772.11. The statute provides for a written demand for $200 or three times the claimed damages before suit. A person who complies with a qualifying demand within 30 days after receipt is entitled to a written release from further civil liability for that specific act from the person making the demand.

A demand letter is not a court judgment, and payment does not resolve a criminal prosecution. Before responding, ask your lawyer to review the amount claimed, the deadline, and the terms of any release. Keep the letter and envelope, and explain whether you have already made a payment or signed an agreement. If you receive a summons or lawsuit, address its response deadline as well.

Experience Defending Shoplifting Cases

David Edelstein has practiced law since 1995 and is AV Preeminent® Peer Review Rated by Martindale-Hubbell. Learn more about David’s background and qualifications.

David has represented hundreds of people facing shoplifting charges, from students to doctors, lawyers, teachers, bank officers, and other professionals. He has secured dismissals, persuaded prosecutors not to file charges, and helped clients enter pretrial diversion programs.

Past results do not guarantee a similar outcome. Each case depends on its own facts and circumstances.

Discuss Your Miami Shoplifting Case

Embarrassment can make it difficult to ask for help after a shoplifting accusation. David discusses that concern in his article on the shame some people feel after a shoplifting arrest. Whatever the circumstances, we can listen to your account without assuming guilt.

If you would like to discuss a shoplifting accusation, tell us what happened and what concerns you most. Let us know about any upcoming court date or civil-demand deadline, and have your paperwork and receipts available if possible. These details help us identify what needs immediate attention and explain the next steps.

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