The dreaded phone call comes: "Your child has been caught shoplifting." Those six words instantly turn your world upside down. Panic sets in as you try to process the news. How serious is this? Will your child have a criminal record? What kind of future will they have now? Your mind races with questions and concerns.
If your child is facing shoplifting charges in Florida, it's essential to understand the gravity of the situation and the steps you need to take to protect their rights and future. At the Law Offices of Robert David Malove, our knowledgeable South Florida criminal defense lawyers have extensive experience representing minors accused of theft offenses. We're here to guide you through this challenging time and fight for the best possible outcome for your child.
Juvenile Shoplifting in Florida: Criminal Charges
Under Florida law, shoplifting is prosecuted as a theft offense. The severity of the charge depends on the value of the stolen property. Your child could be charged with:
Petit Theft
Stealing items worth less than $750 is considered petit theft. The specific charges and penalties are as follows:
- Second-degree misdemeanor. If the value of the stolen property is $100 or less, it's a second-degree misdemeanor. The penalties include up to 60 days in jail and a fine of up to $500.
- First-degree misdemeanor. If the value of the stolen property is between $100 and $750, it's a first-degree misdemeanor. The consequences include up to one year in jail and a fine of up to $1,000.
Grand Theft
Taking property valued at $750 or more is grand theft, which can be charged as a third, second, or first-degree felony based on the specific value and circumstances:
- Third-degree felony. Stealing property worth $750 or more, but less than $20,000, is a third-degree felony. It carries a potential sentence of up to five years in prison and a fine of up to $5,000.
- Second-degree felony. If the value of the stolen property is $20,000 or more, but less than $100,000, it's a second-degree felony. The penalties include up to 15 years in prison and a fine of up to $10,000.
- First-degree felony. Stealing property worth $100,000 or more is a first-degree felony, punishable by up to 30 years in prison and a fine of up to $10,000.
It's important to note that these are the maximum penalties for adult offenders. In many juvenile cases, the focus is on rehabilitation rather than punishment, so the consequences may be less severe. However, even a misdemeanor conviction can have serious ramifications for a minor.
Education, Employment, and Housing Consequences
A criminal record can follow your child into adulthood, impacting their ability to get into college, secure scholarships, find employment, and rent housing. The stigma of a theft conviction can be challenging to overcome, even years later. For example:
- College admissions offices often ask about criminal history, and a conviction can be a red flag that leads to denial
- Scholarships may have character or conduct requirements that disqualify applicants with criminal records
- Internships and future employers may conduct background checks, limiting your child's career options or ability to get necessary licenses and certifications
The ripple effects of a youthful mistake can last for years, if not decades. This is why early intervention with a strong legal defense is crucial. An experienced juvenile crimes attorney can work to keep the case in juvenile court, explore all possible defenses and alternative sentencing options, and fight to minimize the long-term consequences of a youthful mistake.
Crafting an Effective Shoplifting Defense Strategy
When you hire a juvenile crimes defense attorney, they will carefully review the evidence and circumstances of your child's case to develop a tailored defense strategy. Some possible defenses in juvenile shoplifting cases include:
Lack of Intent
To prove shoplifting, the prosecution must show that your child intended to deprive the store of the merchandise permanently. If your child accidentally forgot to pay or believed someone else had paid for the item, this could negate the intent element of the offense. For instance, if your child absent-mindedly put a small item in their pocket while shopping and walked out without paying, that's different from intentionally concealing merchandise to steal it.
Mistaken Identity
Eyewitness accounts can be unreliable, particularly in a crowded, fast-paced retail environment. An attorney can challenge the identification evidence if your child was wrongly identified as a shoplifter based on a vague description or similar clothing. Video surveillance footage may help establish that your child was not the person who took the items.
Unlawful Search
If store security or police searched your child or their belongings without probable cause, any evidence discovered may be inadmissible in court. An attorney can file motions to suppress evidence obtained through illegal searches or seizures.
Entrapment
While rare, there are cases where aggressive store security may go too far and induce someone who had no previous intent to shoplift. If your child was coerced or manipulated into taking an item, entrapment could be a viable defense.
Do You Need a South Florida Juvenile Crimes Attorney?
You are already balancing a lot as a parent. Adding the responsibility of defending your child in court is understandably overwhelming, especially when your child's future hangs in the balance. While you may be tempted to handle the situation yourself, it may be a significant mistake.
Five Reasons to Hire a South Florida Criminal Defense Lawyer
An experienced South Florida criminal defense lawyer may:
- Protect your child’s rights. An attorney will protect your child's constitutional rights throughout the process, from initial questioning through trial. This includes preventing unlawful interrogations and ensuring your child isn't taken advantage of by law enforcement or prosecutors.
- Fight to keep the case in juvenile court. One of the most important things a juvenile defense lawyer does is work to keep the case in juvenile court and out of the adult system, if possible. Adult criminal convictions carry much more severe penalties and lifelong repercussions.
- Connecting with rehabilitation resources. An experienced attorney will be familiar with local rehabilitation, counseling, and educational programs that can help your child address any underlying issues and demonstrate a commitment to positive change. Participating in these programs can help persuade the court and prosecutor to offer more lenient treatment.
- Plea negotiations. Even if the evidence against your child is compelling, a knowledgeable defense lawyer can often negotiate with prosecutors to reduce the charges or secure alternative sentencing options. To argue for a more lenient outcome, an attorney can also present mitigating factors to the court, such as your child's age, clean prior record, good grades, community involvement, and family situation.
- Sealing or expunging juvenile records. In certain situations, juvenile records can be sealed or expunged once your child satisfies their sentence and completes probation. An attorney can assist you with this process to help your child move forward without a criminal history holding them back.
The emotional and psychological impact of a shoplifting charge on a child and their family cannot be overlooked. Facing criminal accusations is an incredibly stressful and anxiety-provoking experience, especially for a young person. The shame and embarrassment associated with a shoplifting charge can be overwhelming.
Get the Guidance and Support Your Family Needs After a Shoplifting Charge
Being accused of shoplifting is a frightening and stressful ordeal for a young person, but with the proper support and legal guidance, it doesn't have to define their future. At the Law Offices of Robert David Malove, we are passionate about helping minors who have made mistakes get back on the right path.
Robert Malove is a Florida Bar Board Certified “expert/specialist” in Criminal Trial Law, and our legal team has more than 60 years of combined legal experience.
Everyone, especially children and teens, deserves a second chance. We know that young people sometimes make poor choices, and we are dedicated to helping them learn and grow from these experiences while minimizing the long-term fallout.
