Fighting Macy’s Shoplifting Charges in Miami, Florida

Our firm’s criminal defense attorneys have extensive experience representing clients accused of retail theft and shoplifting at Macy’s department stores in Miami, Florida. When an individual finds themselves facing shoplifting charges after an incident at a Macy’s in Florida, they should not panic. Although these allegations are serious, an experienced criminal defense lawyer can help protect the accused’s rights and fight the charges. This blog post will provide an overview of Macy’s shoplifting policies, potential penalties, and proven legal defense strategies.

Macy’s Aggressive Stance Against Shoplifting

Macy’s takes a very aggressive stance when it comes to prosecuting individuals accused of shoplifting or stealing merchandise from their stores. This is likely because retail theft results in major losses to the industry—yearly,  over $30 billion, according to some estimates.

Macy’s employs visible security personnel, undercover loss prevention agents, CCTV surveillance cameras, anti-theft tags on merchandise, and other technology to deter and catch shoplifters. If an individual is suspected of shoplifting even a small, inexpensive item from Macy’s, they can expect to be confronted, detained, questioned, and have the police called.

Macy’s Shoplifting and Theft Policies

Macy’s shoplifting and theft policies across locations are fairly uniform. Although Macy’s will handle some incidents internally,  they often still involve local law enforcement. 

Some important aspects of Macy’s shoplifting policies include:

  • Macy’s loss prevention agents can question and detain suspected shoplifters.
  • Police will be called to issue a notice to appear in court or make an arrest.
  • Macy’s will push for criminal charges – they rarely handle small cases civilly.
  • If merchandise cannot be recovered, Macy’s seeks criminal restitution.
  • Macy’s will also pursue a civil demand of a minimum of $200 paid to their company.
  • Macy’s will ban accused shoplifters from all stores for certain time periods.

Macy’s Shoplifting Charges and Penalties

In Florida, shoplifting and retail theft are typically charged under the state’s consolidated theft statute. The severity of penalties depends on the value of the merchandise stolen:

Petit Theft

  • Value less than $100 – second-degree misdemeanor
  • Up to 60 days in jail plus fines and costs
  • Value between $100-$750 – first-degree misdemeanor
  • Up to 1 year in jail plus fines and costs

Grand Theft

  • Value between $750-$20,000 -third-degree felony
  • Up to 5 years in prison, five years probation, fines and costs
  • Value over $20,000 – second-degree felony
  • Up to 15 years in prison, 15 years probation, large fines and costs

Other potential penalties for shoplifting Macy’s in Florida include driver’s license suspension, community service, restitution, and mandatory counseling or treatment programs. A shoplifting conviction also results in a permanent criminal record.

Legal Defenses Against Macy’s Shoplifting Charges

Convincing legal defenses can often be raised on behalf of those accused of stealing from Macy’s:

Mistaken Identity: The defendant may argue that they were wrongly identified as the shoplifter, especially if store surveillance is blurry or inconclusive.

Accidental Possession: A defendant can argue they unintentionally carried the item out of the store, perhaps being distracted and forgetting to pay.

Lack of Intent: The prosecution typically needs to prove criminal intent. This could be a valid defense if someone can demonstrate they had no intention of permanently depriving the store of its merchandise (e.g., planning to return it after using it for a short while).

Improper Detention or Search: If Macy’s security or law enforcement did not follow the correct protocols or violated the defendant’s rights during the apprehension or search, evidence might be excluded or the case could be dismissed.

Claim of Ownership: If the defendant genuinely believed the item was theirs, they may have a defense. For example, this can happen if someone mistakenly picks up someone else’s shopping bag.

Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that the defendant committed the crime. If evidence is lacking or inconclusive, this can be a potential defense.

Faulty or Tampered Evidence: If surveillance footage has been edited or if evidence has been tampered with or mishandled, it could serve as a defense.

Why An Experienced Miami Shoplifting Lawyer is Needed

Individuals facing Macy’s retail theft charges in Miami, Florida, should not go it alone. An accomplished criminal defense lawyer will carefully examine every aspect of the case and build the strongest arguments on the accused’s behalf.

Our firm’s attorneys have successfully represented many clients facing shoplifting allegations from Macy’s stores across Miami. We understand Florida theft crimes inside and out and are not afraid to take Macy’s to task when necessary. If you or a loved one has been arrested for allegedly stealing from a Macy’s store, contact us immediately for representation.

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.

 

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*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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