Facing Shoplifting Charges at Bloomingdale’s in Miami?

After a long day, you wandered into a gleaming white Bloomingdale’s in Miami, perhaps in Aventura or Dadeland Mall. As you walked past towering displays bursting with the latest fashions, a pretty scarf or pair of sunglasses may have caught your eye. You slipped it into your bag without thinking. Maybe you did think about it but decided that no one would notice or care if one little item went missing from such a big, upscale store. Or, maybe you were falsely accused.

Now, as you sit at home staring at a citation for retail theft from Bloomingdale’s or a notice of a pending court date, you realize the gravity of your situation. You’re facing criminal shoplifting charges.

The Legal Process for Your Bloomingdale’s Shoplifting Charges

As the reality of being arrested and charged with a crime starts to sink in, you’re probably very anxious and scared about what happens next. Most people facing shoplifting charges have no prior record and little experience with the legal system.

Here’s an overview of the basic legal process in Florida when charged with retail theft from a store like Bloomingdale’s:

Initial Notice to Appear Hearing

If you weren’t given a promise to appear, the first hearing will likely be a short, procedural appearance shortly after your arrest. The judge advises you of the formal charge, your rights, appoints a defense attorney if you cannot afford one, and addresses bail/release terms. This hearing deals only with the procedure of getting your case into the system. Your defense attorney starts building your case right away.

Arraignment and Plea Entry

The next major step is the arraignment and plea entry. This is your chance to enter an initial plea before the court. There are three options – guilty, not guilty, or no contest. Pleading guilty means admitting responsibility and facing penalties right away. A not guilty plea indicates you intend to fight the shoplifting accusations with a defense strategy to achieve dismissal or acquittal. A no contest plea indicates you are not admitting guilt but accept the conviction and sentence.

In shoplifting cases, a not guilty initial plea allows your defense lawyer time to negotiate with the prosecutor or build a defense case to prove innocence at trial if warranted based on the facts.

Case Negotiations and Motion

After your plea is entered, case negotiations often occur between the defense and prosecution. Your attorney will analyze every aspect of your case to evaluate your possible defenses at trial. Reaching a plea bargain to reduce the charges may also be an option, depending on the facts.

Bench or Jury Trial

If a dismissal through motions or plea bargain does not happen, the final stage is a trial where your guilt or innocence is decided. A judge can hear shoplifting charges in a bench trial or by a six-person jury. Your attorney presents evidence and arguments about why you should be found not guilty while the prosecution aims to prove guilt beyond a reasonable doubt.

Sentencing

Based on statutory guidelines and circumstances, the judge determines penalties and sentences if found guilty after a trial. Possible Florida shoplifting sentences include fines up to $1,000, probation, restitution payments to the retailer, and up to 60 days jail time on first offenses. Higher charges for felony retail theft ($750 threshold) carry steeper fines and up to five years in prison.

An Experienced Defense Attorney is Crucial for Shoplifting Charges

Once accused of shoplifting by retail staff, customers face an uphill legal battle. Police and prosecutors usually presume store guards or technology have definitively identified the perpetrator and resist dropping charges without strong contradictory evidence.

Loss prevention systems and methods are not foolproof, leading to innocent people facing bogus shoplifting charges. An experienced criminal defense lawyer will investigate your case for the following:

  • Mistaken Identity: Video footage capturing one person concealing merchandise mistakenly leads to someone else with a similar appearance being stopped outside the store.
  • Rushing to Judgement: Loss prevention officers under pressure to catch thieves may misread customer behaviors as suspicious and stop or search them without legally required proof. Unreliable
  • Witness Testimony: Conflicting eyewitness observations by stressed retail staff lead police to charge the wrong individual.
  • Technology Errors: Inaccurate scans, tags, or counts by automated systems incorrectly indicate merchandise is unaccounted for. The wrong customer is blamed.
  • Sloppy or Unethical Practices: Improper surveillance, dishonest staff, or questionable search methods wrongly incriminate innocent shoppers.

Leveraging First Offender Status

If you have a clean record, diversion programs may exist for first-time retail theft defendants. Participation in rehabilitation classes, community service, or restitution can lead to avoiding conviction completely.

Negotiating Reduced Charges or Penalties

An experienced lawyer with relationships with local prosecutors may negotiate amended charges or pre-trial intervention programs that result in charges being dropped following participation and restitution.

Don’t Face Bloomingdale’s Shoplifting Charges Alone

Defending shoplifting cases involves specialized legal skills and thorough analysis of policies, procedures, and evidence. Before you consider negotiating with police or prosecutors or just giving up and pleading guilty, talk to a defense lawyer. An initial consultation is confidential. Learn about all your options.

Our Florida retail crime defense lawyers have extensive experience representing clients facing shoplifting accusations from stores small and large. We understand how high-end retailers like Bloomingdale’s aggressively pursue shoplifting charges. Let our experience work for you.

Do not wait to get experienced legal help on your side. The sooner you contact us, the sooner we can protect your future.

CALL US NOW for a CONFIDENTIAL INITIAL CONSULTATION at (305) 538-4545, or take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

*Due to the large number of people who contact our law office requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry promptly and appropriately.

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