Miami Possession of Anti-Shoplifting Devices Lawyers: A Friendly Guide
Shoplifting is a huge problem for retailers, costing stores billions of dollars every year. To combat this, many stores use anti-shoplifting devices like sensor tags, ink tags, and CCTV cameras. But in Miami, possessing these devices could land you in legal trouble if you’re not a retail employee. This article will explain the laws around anti-shoplifting devices in Miami and how a local defense lawyer can help if you’re charged.
The Laws on Anti-Shoplifting Devices in Miami
Florida statute 812.015 makes it illegal for anyone to possess an anti-shoplifting device with the intent to use it to commit retail theft. This includes things like:
- Sensor tags and ink tags
- Lined bags or tag removers
- CCTV cameras
- Two-way mirrors
The law does make exceptions for retail employees, law enforcement, and security system companies. But for the average person, having these devices on you in a store can lead to criminal charges.
If convicted under 812.015, you could face:
- Up to 5 years in prison
- Fines up to $5,000
- Probation
So this is a serious offense that calls for an experienced criminal defense lawyer. The laws are meant to target professional shoplifters who use “boosting” tools to steal. But that doesn’t mean an innocent person couldn’t get charged too.
Common Defenses a Lawyer Can Raise
The best way to fight a possession of anti-shoplifting device charge is to show you had no intention of shoplifting. A skilled lawyer can argue:
- You didn’t realize the item was prohibited
- You found the device and picked it up out of curiosity
- You had no intent to steal merchandise
- The device was left in your bag by accident
For example, maybe those ink tags came off some clothes you purchased previously and got mixed in with your stuff. Or a lined bag could have been borrowed from a friend.
The key is showing the device was in your possession accidentally and not to intentionally steal. A lawyer can also scrutinize if you were properly Mirandized and if police conducted an illegal search.
What to Do If You’re Charged with Possession
If you’ve been arrested for possessing anti-shoplifting devices in Miami, stay calm and call a defense lawyer immediately. Don’t say anything to police without your attorney present. An experienced lawyer can negotiate with prosecutors or take your case to trial.
Some options they may pursue include:
- Getting the charges reduced or dismissed
- Accepting a plea deal to lesser charges
- Taking the case to trial to beat the charges
Having a strong defense based on lack of criminal intent is key. Your lawyer may also enroll you in a pre-trial diversion program to avoid a conviction. This usually involves completing community service and education courses in exchange for charges being dropped.
Finding the Right Miami Attorney for You
If you’re searching for a Miami criminal defense lawyer, look for someone with experience fighting retail theft charges. Ask about their case success rate and credentials like board certifications. Also look for someone you feel comfortable with, since you’ll be working closely together.
Shoplifting device charges shouldn’t be taken lightly. But an experienced lawyer can carefully examine the facts of your case and build the strongest defense. They’ll advocate for your rights at every stage, whether that’s negotiating with the DA or taking your case to trial.
With the right legal guidance, you can move past this charge and get back to your normal life. Don’t go it alone against serious theft accusations – a knowledgeable lawyer can make all the difference.
Frequently Asked Questions
What should I do if the police want to question me?
Politely decline to answer any questions and ask to speak with your lawyer. Anything you say can potentially be used against you, so it’s best to remain silent until your attorney is present.
Will a public defender be a good option for my case?
Public defenders are often overworked and may not be able to devote as much time to your complex case. A private defense lawyer with focused experience fighting shoplifting charges is usually a better choice.
What if I’m innocent and the devices weren’t mine?
Your lawyer’s goal will be proving you had no intent to steal. Bring up any evidence showing the devices were left in your bag accidentally or you didn’t realize what they were. Your lack of a criminal record will also help demonstrate you’re not a professional shoplifter.
Could I go to jail for this charge?
It’s possible, though unlikely for a first-time offense. More likely sentences include probation, community service, or diversion programs. An attorney will work to avoid jail time if possible through plea negotiations or trial defenses.
Will I have a criminal record if convicted?
Yes, a conviction under FL statute 812.015 will show up on your criminal record. Your attorney may be able to get the charges dismissed or reduced to avoid this. Expungement may also be an option down the road.
Being charged with possessing anti-shoplifting devices can be scary and overwhelming. But with an experienced criminal defense lawyer in your corner, you can minimize penalties and protect your future. Don’t hesitate to contact a Miami attorney for personalized guidance on fighting your retail theft accusations.