Can I be charged with shoplifting in florida if I didnt exit the building? And they blocked the door to where I couldnt leave.

Asked about 5 years ago - Spring Hill, FL

Can I fight the charges? Can they detain me in the state of florida against my will? The lady was blockink the door to where I couldnt leave? Whats the detaining laws of florida?

Attorney answers (4)

  1. Robert Edward Heyman

    Contributor Level 14

    Answered . Under Florida law, a person can be guilty of shoplifting if they "endeavor" to unlawfully obtain the property of another. This can consist of concealing store property, removing the price tags, etc while still inside the store. The store personnel also have the right to temporarily detain you inside the store, but they better have reasonable grounds ( amounting to probable cause ) to do so. I assume the police were called and conducted their investigation at the store. These cases depend heavily upon the particular facts and evidence ( surveillance tape?? ). You need to contact a criminal attorney to evaluate your case.

  2. Richard Earl Hornsby

    Pro

    Contributor Level 17

    Answered . Yes. Florida's theft statute has language (endeavor) that makes attempting to steal something theft; even if you do not complete the act.

  3. Christine Elizabeth Pejot

    Contributor Level 9

    Answered . The answer to your main question regarding whether you can be charged is YES. You may be able to contest the charges depending upon the facts of your case. You should seek the advice of your public defender or consult with a private attorney, depending upon your financial circumstances.

  4. Howard Woodley Bailey

    Pro

    Contributor Level 20

    Answered . In general, assuming you placed the item into a bag, on your person, or otherwise placed it outside the control of the owner, you could be charged with shoplifting. Unfortunately, your facts only go into the issue of whether they could stop you, not what you are accused of doing. Under these circumstances, there is no way to answer the questions about them detaining you. Consult directly with an experienced criminal defense lawyer admitted to practice law in FL as soon as possible, and be prepared to tell the lawyer everything that they say you did that led to this situation. The lawyer can then provide you with an opinion, under the attorney-client privilege, as to the impact of their actions in regards to what they allege you did. Good luck.

    DISCLAIMER
    Since I do not practice law in your State, this answer is provided solely for informational purposes only, for you to use as a starting point when speaking directly with a lawyer in your State. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. I urge you to immediately contact an experienced criminal defense lawyer admitted to practice law in your State before you make any decisions about this case.

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