Petit Theft / Shoplifting
Petit theft is the theft of an item valued under $750. In fact, Florida just recently raised the threshold for petit theft from $300 to $750.
If the item is valued at less than $100, the crime is charged as a second-degree misdemeanor. If the value of the item is valued between $100-$750, then the crime is charged as a first-degree misdemeanor. For items that are valued at over $750, the crime can be charged as a felony grand theft instead of petit theft.
Petit Theft is one of the most commonly prosecuted theft crimes in the state of Florida. The most commonly charged type of petit theft is shoplifting. In Hillsborough County, this offense is coded as “Petit Theft (Thef1011)” in the clerk’s office. Sometimes the offense is listed as: 812.014(2e) PETIT THEFT $100 OR MORE BUT LESS THAN $750.
Even if the value of the item was less than $750, if you have a prior conviction for theft, the crime can be charged as FELONY PETIT THEFT (THEF7002).
For shoplifting charges, the prosecutor will typically look for the following types of evidence to prosecute the case:
- testimony from loss prevention employees of the retail establishment;
- testimony of other customers of the retail establishment;
- store surveillance camera video recordings; and
- statements or admissions made by the accused.
Attorney for Petit Theft and Shoplifting Crimes in Tampa, FL
After an arrest for petit theft (sometimes called petty theft, retail theft, or shoplifting) in the Tampa Bay Area, including Hillsborough County, Pinellas County, Pasco County, or Hernando County, then contact an experienced criminal defense attorney at Sammis Law Firm.
Our offices are located in downtown Tampa near the courthouse. For the past 18 years, the attorneys at the Sammis Law Firm have represented clients charged with petit theft and shoplifting.
Many of our clients in shoplifting cases are professional women with no prior criminal record. The consequences of the accusation and prosecution are serious, particularly if you hold a professional license to work as a health care professional (physician or nurse), certified educator (teacher at public or private school), attorney, or law school student, member of the military or law enforcement.
The charges can be resolved in several different ways including a dismissal of the charges so the record can be expunged. Understanding every possible option is important to obtaining the absolute best result in your case.
Contact us to talk directly with an attorney at Sammis Law Firm.
Can You Seal or Expunge a Petit Theft Charge?
Can you seal or expunge a petit theft charge? If the petit theft charge under s. 812.014(3) is dropped or dismissed, then you might be eligible to expunge the record, but only if you have no other convictions in Florida that would disqualify you for this type of relief.
On the other hand, if you are “convicted” of any form of theft, even a misdemeanor under Section 812.014(3), then you will never be eligible to seal or expunge that record.
Although most misdemeanor convictions will not prevent you from sealing or expunging another qualified criminal history record, a misdemeanor “conviction” for petit theft under Section 812.014(3) is particularly serious because it will automatically prohibit you from ever being eligible to seal or expunge any other record in Florida.
For this reason, it is important to avoid a “conviction” by getting the court to withhold adjudication. If you get a withhold of adjudication and successfully complete probation, then you might be eligible to seal the record.
If you have questions about whether you can seal or expunge an arrest record after an arrest for petit theft or grand theft, then contact the criminal defense attorneys at Sammis Law Firm in Tampa, FL.
Theft is Classified as a “Crime of Dishonesty”
In Florida, shoplifting is considered a “crime of dishonesty.” It is a criminal offense that comes with criminal penalties. The common offense of shoplifting involves the theft of merchandise offered for sale by a retail establishment.
The term shoplifting is defined as the theft of merchandise from a retail establishment by simply concealing the items and walking out of the store or towards the exits. In Florida, the legal term for most incidents of shoplifting is called “petty theft” or “retail theft” when the value of the property is less than $750.00.
In order to prove the offense of shoplifting, the prosecutor must prove that you intended to take something that didn’t belong to you from a store without paying for it and that you did take the item or attempted to take the item out of the store. Shoplifting schemes can include concealing merchandise, switching labels, or returning merchandise that was stolen.
Elements of Petit Theft Charges in Florida
The elements of the offense of petit theft include:
- The person accused of shoplifting was seen selecting the merchandise (the shoplifter did not enter the retail establishment with the items already in hand);
- The person accused of shoplifting took the items into his possession;
- The person accused of shoplifting concealed the items or attempted to conceal the items;
- The person accused of shoplifting exited the store or attempted to exit the store without paying for the items.
Organized Shoplifting or Retail Theft Cases
Retail establishments report that the number of shoplifting or retail theft cases as a percentage of all retail sales has remained the same over the past ten years. Despite this fact, there has been a steady increase in organized retail theft, which includes shoplifting (estimated to be more than 32% of the total loss in 2006) and employee theft (estimated to be 47% of the total loss in 2006).
Organized theft from retail establishments commonly includes the following:
- Store employees working with friends posing as customers to receive refunds on stolen items;
- Store employees working with friends to steal items during delivery;
- Duplicating gift cards using electronic devices to defraud the store; and
- Stealing items in the store and then selling them on the internet.
Although the vast majority of retail losses come from organized theft cases, many people arrested for shoplifting are not part of any organized fraud conspiracy. Many people arrested for shoplifting are not working with anyone else to commit the crime and have no criminal history at all.
To learn more about organized shoplifting, law enforcement officers in Florida are required to complete a retail/shoplifting questionnaire that provides:
- Was the defendant read their Miranda Warnings?
- What is the defendant’s purpose for the Theft?
- Was the defendant working with others?
- If yes, provide details below by adding known or unknown entities within the MRE Report as applicable.
- Were the items stolen for resale? (If yes, provide details below).
- Was there an organizer involved in this theft?
The Retail / Shoplifting Questionnaire also requires the officer to check all that apply:
- Multiples of the same items were stolen.
- The defendant possessed tools to remove, deactivate, or disable EAS?
- The defendant possessed lists with multiple store locations.
- The defendant possessed a shopping list.
- The defendant possessed foiled-lined items (bags, strollers, etc.).
- The defendant possessed merchandise from multiple retailers.
- The defendant possessed gift cards/store credits.
- The defendant was wearing booster garments.
- The defendant possessed highlighted maps.
- The defendant possessed hotel keys.
- The defendant/subject was driving a rental car.
- The defendant’s vehicle had empty bags from multiple retailers.
- The defendant’s vehicle has merchandise from multiple retailers.
- The defendant has a prior history of shoplifting.
Diversion Programs May Be Available for the First Arrest of Shoplifting
Any accusation for retail theft, petty theft, petit theft, or shoplifting is serious. However, most counties, including Hillsborough County, Pinellas County, Polk County, and Pasco County have certain “diversion” programs for a first arrest. These programs are administered by the State Attorney’s Office to move or divert certain cases away from the court.
If you agree to enter a diversion program, you must complete certain conditions, including paying costs, community service, and potentially a shoplifting prevention class.
You can be disqualified from the diversion program if the alleged victim in the case (the retail establishment) is opposed to your case being diverted away from a disposition in court, or if you have anything on your record that would disqualify you from the program (including a conviction for any offense or a previous diversion program).
An attorney can discuss with you eligibility rules for your particular county. Even if you have been told that you do not qualify for a diversion program, contact an attorney who can attempt to negotiate your acceptance into the program even if you were first ruled ineligible.
Zero-Tolerance Policy of Large Retail Establishments
Large retail establishments have a zero-tolerance policy that demands that any person caught shoplifting will be prosecuted to the fullest extent of the law.
Stores with a zero-tolerance policy include theft, petit theft, or shoplifting arrests occur (such as Wal-Mart, Target, K-Mart, Staples, Best Buy, Circuit City, Home Depot, Lowe’s, Costco, Publix, Albertson’s, Winn-Dixie, Beall’s Inc., Belk, JCPenney, Kohl’s, Marshall’s, Saks Fifth Avenue, Sears, Neiman Marcus, Macy’s, Dillard’s, or Nordstroms).
Hiring an attorney to fight for the best disposition of your case is important. If the retail establishment objects to the diversion program for any reason, your attorney can contact the retail establishment involved in your case and often convince the retail establishment not to oppose a more favorable disposition such as a diversion program.
Also, your attorney can help negotiate some of the terms of diversion and make sure that you are entered into the program as quickly as possible.
Finally, your attorney can make sure that the paperwork is completed correctly so that the charges are dismissed which then allows you to petition to seal or expunge your record.
Civil Penalty Demand Letter- “The Shakedown”
Many large retail establishments in Florida will accuse a customer of theft or shoplifting. After the accusation is made, the retail establishment will collect the customer’s contact information and turn it over to a law firm that acts much like a collection agency even if the merchandise is recovered and no actual damages are incurred by the store.
The law firm will then send a letter to the customer demanding that the customer pays a “civil penalty” authorized under Florida Law, Florida Statute Section 772.11.
In a typical case involving an alleged shoplifting incident in Hillsborough County, Pasco County, Pinellas County or Polk County, the law firm or collection agency will send a “Civil Penalty Demand Letter” to which states that if a fee, usually $200.00 is not paid within a thirty days, then the retail establishment will begin civil proceeds to collect money damages.
The first letter often vaguely implies that paying the requested amount may prevent any further litigation which many people assume means that no criminal prosecution will take place if they pay the requested amount.
The first letter often vaguely implies that paying the requested amount may prevent any further litigation which many people assume means that no criminal prosecution will take place if they pay the requested amount.
If the initial amount requested is not paid after the first letter, the Florida law firm will send a second letter 45 days later demanding, even more, money for unspecified damages from the shoplifting incident, usually $475.00. The second letter demands that the higher amount of damages is paid within 10 days.
The second letter almost never states how this amount of damages is calculated. This second letter has a more threatening tone and implies that the sheriff will be notified if you do not pay the requested amount.
The Civil Demand Letters are Misleading
The wording of these letters is extremely misleading. If the law firm initiated a civil lawsuit (which is an extremely remote possibility), then the law firm could theoretically contact the sheriff to have you served with the civil complaint the same way the sheriff’s office can be used to serve paperwork in any civil lawsuit.
The wording of the letter (if it makes any mention of the sheriff or law enforcement) is extremely misleading.
Many people describe the letters attempting to collect the “civil penalty” as intimidating and humiliating. In some cases, the law firm or collection agency will contact the individual over the phone demanding payment. Often a letter from your attorney will put a stop to additional letters or phone calls from the law firm or collection agency.
Failure to Pay Rarely (if Ever) Results in a Law Suit
In Florida retail establishments rarely, if ever, carry through with this threat in a shoplifting case. Therefore, these letters are often referred to as a “scam.”
The statute, Florida Statute Section 772.11, allows for triple damages or a minimum of $200 when damages occur related to a theft offense.
However, in the typical shoplifting case when the merchandise is recovered at the scene no actual damages occur. Ironically, Florida Statute Section 772.11 is called the “Civil Remedy for Theft or Exploitation.”
In civil demand cases, exploitation can go both ways.
The Players and the Scam – Palmer, Reifler and Associates, P.A.
Read “Big Retail Chains Dun Mere Suspects in Theft Demands for Money Can Leave Targets With Little Defense” published by the Wall Street Journal on February 20, 2008.
The article found that the civil penalty letters sent out in shoplifting, retail theft, and petit theft cases by a Florida law firm called Palmer, Reifler and Associates, P.A., (now called Palmer Recovery Attorneys, PLLC) which handles such letters for Wal-Mart Stores, Walgreens, Macy’s, Sears and JC Penneys, keeps between 13% to 30% of the money it collects.
The article reports that a partner at the law firm has said that it sends out about 1.2 million such letters a year but follow-up by suing fewer than 10 times a year.
The report did not say whether any of those 10 cases involved a misdemeanor case for shoplifting. Civil lawsuits are usually reserved for felony theft cases involving hundreds of thousands of dollars usually after a grand theft or scheme to defraud by an employee.
If you pay the civil penalty to the Law Offices of Palmer, Reifler, and Associates, P.A. (now called Palmer Recovery Attorneys, PLLC) you should receive a “Civil Penalty Release” letter signed “Yours very truly, James R. Palmer, Authorized Representative.” The letter may provide, in part, as follows:
In consideration for the payment of $____, the payment of which does not constitute an admission of liability, [the retail establishment] hereby releases [your name] from all statutory civil penalties arising out of an incident in the [retail establishment] store number __ on [date].
This release does not apply to claims for restitution or other matters which the store may have against [your name]. Should payment be disputed, contested, or stopped, this release will be null and void.
This civil penalty release has no bearing on any criminal claim that is or may be pending.
So the letter claims that the payment does not even cover any restitution that may be owed in the case.
The letters from Palmer, Reifler & Associates, P.A. (now Palmer Recovery Attorneys, PLLC) do NOT explain upfront that the civil penalty release as no bearing on any criminal claim that is or may be pending?
Although no criminal defense attorney can know for sure whether an individual arrested for a misdemeanor offense of shoplifting will, in fact, be sued to collect damages under Florida Statutes Section 772.11, it is clear that these suits are rarely, if ever, brought in shoplifting cases.
In fact, if the merchandise was returned to the retail establishment without damage, then no actual damages occurred.
Do Civil Demand Letters Cause False Accusations?
The huge fees collected by retail establishments can often create an incentive for a loss prevention person at the retail establishment to report shoplifting in even questionable cases.
The fact that civil damages are demanded when no actual damages occurred is often a fact that can be raised at trial and argued to the jury to show the bias or motive on the part of the loss prevention person to exaggerate or spin the facts regarding the incident.
Many loss prevention officers will tell the person arrested at the time of the arrest that when they receive the letter for payment of the $200.00, they should pay the amount requested.
In those cases in which the individual does, in fact, steal the merchandise, and the merchandise is damaged, the retail store has suffered actual damages, which is usually measured by the full purchase price of the merchandise. In a criminal case, the prosecutor can ask the court to order restitution.
In those cases in which actual damages occur if the individual pays the amount requested in the civil demand letter, then the individual should retain proof that the payment was made so that the criminal defense attorney can prove to the prosecutor that no additional restitution is owed.
Another Civil Demand Law Firm – The Law Office of Michael Ira Asen, P.C.
Another such law firm that acts much like a collection company is the Law Offices of Michael Ira Asen, P.C. who is associated with the Zellman Group, LLC, which runs a retail loss prevention civil recovery program for numerous retail companies, including four of five of the largest retailers in the United States, including Kohl’s department store (Kohl’s Illinois, Inc.).
Although the Law Offices of Michael Ira Asen, P.C., send out thousands of letters to individuals in Florida demanding payment under Florida Stat. Ann. Section 772.11, it does not appear that the law firm employs any Florida attorney that could pursue any civil lawsuit.
Many people believe that the Michael Ira Asen, P.C., letters are properly described as a scam because the letters are so misleading.
Being Detained for Shoplifting by a Merchant
For the most part, only law enforcement officers have the power to detain an individual relating to criminal activity. For instance, under Section 901.151, F.S., law enforcement officers are authorized to temporarily detain a person if the officer encounters such person under circumstances that reasonably indicate that such person has committed, is committing, or is about to commit a crime.
In Florida, such detention must be for the purpose of ascertaining the identity of the person temporarily detained and the circumstances surrounding the person’s presence which led the officer to believe that the person had committed, was committing or was about to commit a crime.
Florida law provides for some exceptions to this general rule. For example, s. 812.015(3)(a), F.S., authorizes merchants who have probable cause to believe that a retail theft or unlawful use or attempted use of any anti-shoplifting or inventory control device countermeasure has been committed to take the offender into custody and detain the offender in a reasonable manner for a reasonable length of time for the purpose of attempting to effect recovery or for prosecution.
In the case of retail theft, the merchant must also have probable cause to believe that the property can be recovered by taking the offender into custody. In the event a merchant takes the person into custody, a law enforcement officer must be immediately called to the scene.
Subpoena for Records of Surveillance Video for a Shoplifting Incident
When the accusations are false, your attorney should issue a subpoena to obtain any records of the surveillance video. The prosecutor might also issue such a subpoena which often provides:
IN THE COUNTY COURT OF THE THIRTEEN JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA IN AND FOR HILLSBOROUGH COUNTY
CRIMINAL JUSTICE DIVISION
SUBPOENA FOR RECORDS OF SURVEILLANCE VIDEO IN A SHOPLIFTING INCIDENT
[[TO THE RETAILER]]
By service of this subpoena you are ordered to produce the following requested information to the STATE OF FLORIDA:
COPY OF ANY SURVEILLANCE VIDEO FROM THE INCIDENT THAT OCCURRED ON [DATE] INVOLVING [DEFENDANT] REFERENCED IN [AGENCY] POLICE REPORT# 2017-000XXX.
This information is requested pursuant to a matter pending and undetermined in which the office of Andrew Warren, STATE ATTORNEY, 13th Judicial Circuit, is conducting an investigation.
You may provide this requested information INSTANTER, in person or by mail on or before [date] to ___________ Assistant State Attorney, 419 N. Pierce Street, Tampa, Fl 33602-4022.
YOU ARE NOT ENTITLED TO DISCLOSE THE EXISTENCE OF THIS SUBPOENA. ANY SUCH DISCLOSURE COULD OBSTRUCT AND IMPEDE THE INVESTIGATION BEING CONDUCTED, AND THEREBY INTERFERE WITH THE ENFORCEMENT OF THE LAW.
Failure to comply with this subpoena may subject you to a penalty of the Court.
Dated, this ____ day of [month], 2017.
__ Individual served on the named person.
__ Substitute Service by serving: ________
__ Non-service for the following reasons.
Deputy Process Server: ______ Date: _____ Time: ______
Retail Theft or Shoplifting Charges in Tampa, FL
Whether you were arrested for misdemeanor shoplifting or felony shoplifting or retail theft, contact a Tampa criminal defense attorney to discuss fighting for a dismissal of the charge and to expunge your criminal record.
We represent people accused of petty theft, petit theft, retail theft, or shoplifting throughout the Tampa Bay Area including Hillsborough County, Pinellas County, Manatee County, Polk County, and Pasco County.
Our attorneys also advise clients about the consequences of civil demand letters from the Law Office of Michael Ira Asen, P.C., or Palmer Recovery Attorneys, PLLC (formerly called “Law Offices of Palmer, Reifler and Associates, P.A.”).
After an accusation of shoplifting, these law firms act like collection agencies that threaten to sue you for civil damages.
Some companies, like Publix, have an in-house Civil Recovery Department that sends out the letters. We also give you advice about data mining companies that build web pages about your arrest like Mugshots.[com] and others that attempt to extort money from you in exchange for removing your mugshot and details about your case from their website.
A conviction for even a misdemeanor offense under Florida law can mean that for the rest of your life every time you fill out a job application you will have to disclose that you were convicted of a “crime of dishonesty.”
The arrest and conviction for the charge can have serious consequences to your reputation, employment opportunities, and professional licenses.
If you have been accused of shoplifting, call to speak with an attorney today about defending yourself against this serious accusation. Call (813) 250-0500.
This article was last updated by Leslie Sammis on Friday, March 25, 2022.