Return Fraud in Miami: Understanding When Returns Become Criminal Charges

As Miami criminal defense attorneys, we regularly represent clients charged with retail theft related to return fraud. What many shoppers view as “bending the rules” can actually result in serious criminal charges. Here’s what you need to know about return fraud and how it can lead to theft charges in Florida.

Common Types of Return Fraud

Price Tag Switching

Swapping price tags or UPC codes to pay less for an item, then returning it at the full price is theft by deception. Even if the store initially accepts the return, you could face petit theft charges if the fraudulent return amount is under $750, or third-degree felony grand theft charges for amounts over $750. Retailers now use sophisticated inventory tracking systems to detect mismatched UPC codes, price discrepancies, and suspicious return patterns.

Wear-and-Return Schemes

Using merchandise and returning it as “unused” may seem harmless, but it can constitute theft. This includes wearing clothing with tags still attached, using electronics or tools, and returning them as “unopened,” or damaging items through use and claiming they “arrived that way.” Many retailers now track serial returners and can identify patterns of abuse.

Receipt Manipulation

Under Florida law, altering or fabricating receipts to enable fraudulent returns is forgery. Whether you’re photocopying legitimate receipts, editing receipt details, or using another customer’s discarded receipt, these actions can result in criminal charges. Modern retailers have sophisticated systems to detect altered and counterfeit receipts.

Digital Receipt Fraud

As retailers move to digital receipts and returns, new forms of fraud have emerged. Screen capturing and editing e-receipts, using stolen loyalty accounts, creating fake confirmation emails, or exploiting self-service return kiosks can all lead to criminal charges under Florida law.

When Returns Become Criminal Cases

Under Florida Statute 812.014, prosecutors can charge return fraud as theft if they can prove you knowingly obtained or tried to obtain property/money from the retailer, intended to deprive the retailer of their property/funds, and used deception in the process.

Potential Penalties

The severity of charges depends on the total value of fraudulent returns:

For amounts under $100, you face second-degree misdemeanor charges with up to 60 days in jail. Between $100-$750 becomes a first-degree misdemeanor, risking up to one year in jail. Over $750 triggers third-degree felony charges, carrying up to 5 years in prison.

Beyond potential jail time, a conviction can result in a permanent criminal record, employment difficulties, civil demands from retailers, and store bans.

Building Your Defense

Several defense strategies may apply if you face return fraud charges, from lack of fraudulent intent to legitimate return attempts and store policy misunderstandings. Our criminal defense attorneys carefully examine all evidence, including surveillance footage, transaction records, and witness statements, to build the strongest possible defense.

When You Need a Criminal Defense Attorney

Contact an experienced criminal defense lawyer immediately if you’ve been detained by store security, contacted by police about returns, received a civil demand letter, or been arrested for return fraud. The earlier you involve a defense attorney, the better positioned we are to protect your rights and achieve the best possible outcome.

Our Miami criminal defense firm has extensive experience defending return fraud cases. We understand how easily misunderstandings can escalate into criminal charges. Let us use our knowledge to protect your rights and freedom.

Remember: What seems like a routine return dispute can quickly become a serious criminal matter. Don’t face these charges alone. Contact our criminal defense team to discuss your case and legal options.

CALL US for a FREE CONFIDENTIAL CONSULTATION at (305) 538-4545, or take a moment to fill out our secure intake form.  The sooner you have experienced legal representation, the better your chances of resolving these charges favorably. *The additional information 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 in theft crime cases, 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.

ALWAYS INVESTIGATE A CRIMINAL DEFENSE ATTORNEY’S QUALIFICATIONS AND EXPERIENCE BEFORE MAKING A DECISION ON HIRING A THEFT LAWYER FOR YOUR PROPERTY CRIMES CASE MIAMI-DADE COUNTY