Doral Possession of Anti-Shoplifting Devices Lawyers: Your Guide to Understanding the Charges and Finding Experienced Legal Representation
Being charged with possessing an anti-shoplifting device in Doral or anywhere in South Florida can feel scary and overwhelming. But with an experienced Doral criminal defense lawyer on your side, you can better understand the charges against you and build a strong defense. This article will provide an overview of anti-shoplifting device laws in Florida, potential defenses, and how a knowledgeable lawyer can help.
What is an Anti-Shoplifting Device Under Florida Law?
Florida statute 812.015(1) defines an anti-shoplifting device as any item designed or intended to prevent or detect shoplifting. This includes things like electronic article surveillance tags, ink tags, bottle locks, spider wrap, and other devices retailers use to prevent theft.
Simply being in possession of these devices is not necessarily illegal. The crime occurs when someone possesses these devices with the intent to use them for shoplifting.
Understanding the Anti-Shoplifting Device Possession Charges
Florida statute 812.015(7) makes it a first-degree misdemeanor to possess, use, or attempt to use an anti-shoplifting device countermeasure. This means devices designed to disable, remove, or deactivate anti-shoplifting technology.
Some common examples include:
- Magnet detachers to remove security tags
- Aluminum-lined bags to block sensor alarms
- Special tools to unlock bottle locks or spider wraps
To convict someone under this statute, the prosecution must prove:
- The defendant possessed, used, or attempted to use an anti-shoplifting device countermeasure
- They intended to use it to shoplift merchandise or defeat a shoplifting security system
- The possession, use, or attempted use occurred in a premises containing retail merchandise
Understanding the Potential Penalties
A first-degree misdemeanor in Florida carries maximum penalties of:
- Up to 1 year in jail
- Up to 1 year of probation
- Fines up to $1,000
In addition to criminal penalties, a conviction can also result in a permanent criminal record that hurts job, housing, and other opportunities.
Working with a Doral Criminal Defense Lawyer on Your Case
Facing anti-shoplifting device charges can feel overwhelming. But an experienced Doral criminal defense lawyer can help you understand the charges and start building your defense.
A knowledgeable lawyer will thoroughly examine the evidence and circumstances of your case to look for weaknesses in the prosecution’s arguments. Some potential defenses they may use include:
- You didn’t intend to shoplift. Perhaps you found the device or were holding it for someone else without realizing what it was. Your lawyer can argue you never planned to use it for theft.
- You were under duress. Maybe someone forced or threatened you to take part in the shoplifting scheme against your will. This can help show you lacked criminal intent.
- It doesn’t meet the legal definition. Your lawyer may argue the device in question doesn’t actually qualify as an anti-shoplifting countermeasure under the statute. This could get the charges dismissed.
- Improper police conduct. If police violated your rights or failed to follow proper procedures during your arrest, evidence may get thrown out. This often leads to reduced or dismissed charges.
- You have a defense under Florida statute 777.201 which states that mere proximity to an anti-shoplifting device does not prove you intentionally controlled or possessed it. Your lawyer can argue there’s reasonable doubt you ever exercised control over the prohibited device.
- Requesting leniency for a first offense, especially if you have no criminal history. For some first-time offenders, a lawyer may be able to negotiate reduced penalties or pretrial diversion programs to avoid a conviction.
Why a Doral Criminal Defense Lawyer is Crucial
Possession of an anti-shoplifting device is a serious charge that can carry lasting consequences if not properly defended. An experienced lawyer knows how to thoroughly examine the evidence, identify defenses, and negotiate for the best possible outcome.
The legal process is complex, but an attorney guides you through each step. They handle communicating with police and prosecutors so you don’t accidentally incriminate yourself. In court, they advocate powerfully in your defense.
Without proper representation, many people feel pressured into accepting unfair plea deals and penalties. But a lawyer strives to get charges reduced or dismissed where possible, and minimize penalties that can’t be avoided.
While every case is different, an experienced criminal defense lawyer can often help their clients avoid jail time and permanent criminal records. Their representation is essential for the best outcome.
Finding the Right Lawyer for Your Case
If you or a loved one faces anti-shoplifting device possession charges in Doral or the Miami area, don’t go through it alone. Contact an experienced criminal defense lawyer for personalized guidance and representation.
Look for attorneys with extensive experience specifically defending shoplifting and anti-shoplifting device cases. Ask about their track record getting charges reduced or dismissed. Be sure they have knowledge of Florida statutes and criminal procedures as well as relationships with local prosecutors and judges.
Most importantly, choose a lawyer you feel comfortable with and who will fight tirelessly in your defense. Schedule a free consultation to discuss your case details and legal options. With an experienced lawyer on your side, you can face these charges with confidence.