Legal Question in Criminal Law in Florida
theft incarceration
Can someone be held on grand theft charges if they have never left the store with merchanise?
4 Answers from Attorneys
Re: theft incarceration
Depending onthe facts you may have a good defense and a possible false arrest case if the charges are dropped
Re: theft incarceration
Don't play games - was the merchandise down your pants, or under your arm under a jacket? This is fact sensitive, because the critical element is "intent".
Re: theft incarceration
Shoplifting is a form of theft. There is a special statute which defines shoplifting and the proof need to prove shoplifting. You can visit www.garymooreattorneyatlaw.com and read the page on shoplifting after clicking on the criminal law page.
Shoplifting requires only that you hide the item on your person or in a bag without paying for it. Once this is proved you have the opportunity of demonstrating the hiding the item was
inadvertent, but you can be arrested.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: theft incarceration
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
Yes, a person does not have to leave the premises if the intent to steal has been shown. This is often the case with shoplifting from a retail store.
Scott R. Jay, Esq.
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