Just because a store detained you doesn’t automatically mean they were right to do so. Many people are wrongly accused of shoplifting every day, and stores don’t always follow the rules they’re supposed to. Florida retail theft laws, spelled out in Florida Statute 812.015, gives store owners certain rights, including the so-called Shopkeeper’s Privilege – but also sets strict limits on what they can and can’t do when they suspect someone of shoplifting. Knowing these limits could make a big difference in your case.
What Stores Can (and Can’t) Do Under Shopkeeper’s Privilege
Here’s the thing about legal detention shoplifting cases: stores need to play by specific rules. Sure, they can stop you if they think you’re shoplifting – but they need more than just a hunch. They need actual evidence that you were trying to steal something. And even then, they’re not allowed to do whatever they want.
Think a store went too far? Here are the key rules they must follow when detaining someone:
- They need real proof, not just suspicion
- They can’t use physical force or threats
- They can only hold you long enough to check things out
- They must keep records of what happened
- They should call the police if they’re pressing charges
Breaking any of these rules could mean they’ve violated your rights, and that could help your defense. Many stores make mistakes in the heat of the moment, especially when their staff isn’t properly trained.
What Can Happen When Charged with Shoplifting?
Under Florida law, retail theft penalties vary based on the value of stolen merchandise and prior offenses:
For first-time offenders:
- Items valued under $100: Second-degree misdemeanor punishable by up to 60 days in jail and $500 fine
- $100-$750: First-degree misdemeanor carrying up to 1 year in jail and $1,000 fine
- Over $750: Third-degree felony with maximum 5 years prison and $5,000 fine
Your Rights When Accused of Shoplifting
Getting stopped by store security can be scary and embarrassing. But remember: you have rights. A good shoplifting defense attorney knows how to spot when stores overstep their bounds. Maybe they profiled you, held you too long, or got aggressive during the detention. Any of these mistakes could help your case.
Don’t assume you have to accept whatever the store claims happened. Many times, there’s more to the story. Perhaps you simply forgot to pay for an item, were distracted by your kids, or were falsely accused because of a misunderstanding.
Fighting Back: Your Legal Defense Options
Here’s where having an experienced defense attorney really matters. We know what to look for when challenging these cases. Did the store actually have probable cause? Did they follow proper procedures? Was their security footage clear, or are they making assumptions?
Sometimes what looks like an open-and-shut case to store security isn’t so clear-cut when we dig deeper. Security cameras might show a different story than what’s in the report. Witnesses might remember things differently than store employees claimed. And sometimes, stores make serious mistakes in how they handle detentions.
The Shopkeeper’s Privilege exists to protect stores from theft, but it’s not a blank check to harass or wrongfully detain people. Many shoplifting charges get reduced or dismissed when we show that stores didn’t follow proper procedures or violated someone’s rights in the process.
If you’re dealing with shoplifting charges or questioning whether a store legally detained you, don’t try to handle it alone. Call 407-644-2466 to speak with an Orlando criminal defense attorney at the Rivas Law Firm.
Orlando Criminal Defense Attorney Jose Rivas is a veteran bilingual TV Legal Analyst who has appeared on Univision, Fox News, Telemundo and many other news outlets.
