Defenses to Shoplifting in Florida
Tampa Criminal Defense Attorneys discuss recent case results in a shoplifting case decided in Tampa, Hillsborough County, FL.
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Petit Theft or Shoplifting Charge in Tampa, Florida, Dropped Prior to Trial (Client was not required to enter a diversion program).
On June 2, 2009, the State Attorney's Office in Hillsborough County filed a "Notice of Nolle Prosequi" in a case pending before Judge James Dominquez. The prosecutor dropped all charges against a Tampa woman accused of shoplifting. The Tampa woman was accused of stealing three necklaces and a purse from the Sears department store at Citrus Park Town Center Mall, in Tampa.
Our client's defense centered around the fact that she had been diagnosed with diabetes mellitus and hypertension which caused memory loss and the early stages of dementia. Although the Tampa woman was able to function in certain areas of her life, she would often become confused. She was accused of simply picking out the items and walking out of the store without any attempt to pay for the items. It also appeared that the woman had not made any attempt to conceal the items, which you would expect if the taking had been intentional. Although her family was close by when the incident occurred, they did not realize that she had taken the items until it was too late.
The loss prevention officers at the Sears Department Store in Tampa, Hillsborough County, FL, believed that she was shoplifting and that she was guilty of petit theft. The loss prevention officers, however, did not have access to her medical records. The loss prevention officers did not take the time to listen to the woman's family members who tried to explain that she had not taken the items intentionally because she was suffering from dementia. Likewise, when the arresting officer arrived he did not take the time to talk with the woman's family about her medical history and dementia.
It is possible for an innocent person to be arrested for leaving a store without paying for an item. If the taking was not intentional, then you may have a legal defense to the charge of petit theft or shoplifting. If you or a loved one was arrested for petit theft or shoplifting after leaving a store without paying for the merchandise, contact an experienced criminal defense attorney in Tampa, Hillsborough County, FL, that can discuss with you possible defenses to the charge of petit theft or shoplifting. Call 813-250-0500 to discuss your case today with an experienced petit theft or shoplifting lawyer in Tampa, Hillsborough County, FL.
Read More About Fighting a Petit Theft or Shoplifting Case:
Clearwater Petit Theft Attorney Wins Motion to Vacate a Conviction - Read more about a woman arrested in Clearwater, FL, for petit theft who enters a plea and is convicted of this "crime of dishonesty" before she talks with an attorney. After realizing the serious consequences of the theft conviction, the woman hires a petit theft or shoplifting attorney for Pinellas County to help her undo the damage of the conviction.
If you have been charged with petit theft, retail theft, or shoplifting in Tampa, Hillsborough County, FL, contact an experienced criminal defense lawyer at the Sammis Law Firm to discuss possible ways to resolve your case. Call 813-250-0500 today.