Retail Theft and Shoplifting Defense in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

What Florida Calls Retail Theft

Florida's retail theft law covers taking or carrying away merchandise, money, or property; changing or removing a label, bar code, or price tag; moving merchandise into a different container; or removing a shopping cart, all with intent to deprive the store of its possession, use, benefit, or full retail value. Value is the sale price at the time. How much the items were worth usually decides whether the charge is a misdemeanor or a felony. See Theft Defense for the value tiers and for organized retail theft.

Anti-Shoplifting Device Countermeasures

What the State must prove (s. 812.015(7); Fla. Std. Jury Instr. (Crim.) 14.11, Elements):

1. You possessed, used, or tried to use an antishoplifting or inventory control device countermeasure.
2. At the time, you were inside a place used for retail sales.

A countermeasure is any item or device designed, made, modified, or altered to defeat a store's anti-theft or inventory control system. To prove possession, the State must show you knew the item was there and intentionally controlled it. Being near it is not enough without more evidence. Possession can be shared by more than one person.

Penalty: possessing a countermeasure inside a store is a third-degree felony (up to 5 years and a $5,000 fine). Using or trying to use one is also a third-degree felony.

Resisting Recovery of Stolen Property

What the State must prove (s. 812.015(6); Instr. 15.5, Elements):

1. You were committing, or had committed, a theft from the owner or custodian.
2. During or after the theft, the person made a reasonable effort to recover the property.
3. You resisted that effort.
4. At that moment, the person had probable cause to believe you had concealed or removed the property from where it was displayed or kept.
5. The person was a merchant, a merchant's employee, or a law enforcement officer.

Penalty: first-degree misdemeanor (up to 1 year and a $1,000 fine). It is a defense if you did not know, and had no reason to know, that the person was a merchant, an employee, or an officer. The theft and the resisting charge can be tried together. If the State claims force was used in the course of the taking, the case may be charged as robbery instead; see Robbery & Carjacking.

Also in this law: a court must order anyone convicted under it to pay restitution, and a second or later petit theft conviction from a store carries a mandatory fine of $50 to $1,000 (or public service instead). An exit alarm is reasonable cause to detain you only if the store posted notice that it uses the device.

Common Miami Situations

• A self-checkout mix-up that loss prevention calls a theft.
• A bag or tool found in a purse or car that the store says is made to beat security tags.
• A struggle with a loss-prevention worker in the parking lot who never said who he was.

Defense Themes

• No intent. Mistakes at the register are not theft.
• What is the item? The State must prove it was designed or altered to defeat store security.
• Knowledge and control. Whose bag was it? Who else was in the car?
• Did you know who was stopping you? That is a defense to the resisting charge.
• Value. The store's number is not automatically the right one.

What to Do First

1. Do not sign a statement for loss prevention or explain yourself on camera.
2. Do not pay a civil demand letter before talking to a lawyer. It does not end the criminal case.
3. Write down names, times, and what was said.
4. Call us so we can move to preserve store video.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Can I be charged with a felony if I never left the store?

Yes. Possessing an anti-shoplifting countermeasure inside a store is a third-degree felony by itself.

I pulled away from a store employee. Is that a separate crime?

It can be. Resisting a merchant's reasonable effort to recover property is a first-degree misdemeanor, but not if you did not know and had no reason to know who the person was.

Does paying the store back make the case go away?

No. Restitution is ordered on conviction, and paying a civil demand does not end the criminal case. Handled through your lawyer, repayment can still matter in negotiations.