Legal Question in Criminal Law in Florida

Ok so my sister was arrested lastnight at walmart because she had items ontop of her perse that she forgot to pay for and when she walked past the detectors and they went off she stoped and showed the recipt to the lady at the door and she relized she forgot to pay for the items ON TOP OF her perse, so the called the police and they came and serched her perse and found her PERSONAL protection items in there with consists of a small tazer wich was not charged at the time and a ASP and mase, wich are all legal as far as i know, now what my question is, If she never attempted to leave the store after she relized that she forgot to pay for the items then how can the call it shoplifting and if the wepons in her perse where never visible then why where there charges brought up for them considering they are all legal to own and carry in her perse. my sister has no criminal backround and would never shoplift. please help


Asked on 11/12/09, 1:39 pm

3 Answers from Attorneys
Don Waggoner Don Waggoner Law, P.A.

I think your sister may have some valid defenses. You need to contact a lawyer ASAP. I would say she didn't attempt to steal anything because she voluntarily stopped at the cher person and let them check her. They would have trouble proving intent.

Read more
Answered on 11/17/09, 1:51 pm
Craig Epifanio Craig Epifanio, P.A.

If your sister did not have the intent to take anything, then she did not commit a crime. However, they can charge her because the alleged "concealment" in or on the purse shows evidence of intent. She needs to get an attorney right away.

Read more
Answered on 11/17/09, 3:58 pm
Leland Garvin Garvin Law Firm

As the other attorneys have stated the state could have an issue proving intent.

However, they would be able to argue that your sister did pass "all points of sale".

Being that this is your sister's first offense she may have options available to her such as the misdemeanor diversion program which, if completed, would result in the charges being dismissed.

I handle cases in Collier county and would be glad to chat further with you (or her) about her options.

Good luck,

-Leland

Read more
Answered on 11/17/09, 11:29 pm


Related Questions & Answers

More Criminal Law questions and answers in Florida