Merritt Island, FL asked in Criminal Law for Florida

Q: I am charged with shoplifting 2 items valued at $28 from a Publix store. I didn't intentionally not pay for them.

The items were in front of cart and I pu a prescription at the pharmacy and set the bag on top of products. As I shopped I picked up bag to put in purse and also picked up the 2 small items. I did not unload cart at checkout so was not aware items never got put on counter. I was stopped after I left store. Have a court date, but can't afford a lawyer. Officer assured me this would not involve jail time just a fine. Should I be ok explaining all this in court.6. The items were in the front baby seat area next to my purse, I guess I didn't explain it well. I am 64 years old and have no criminal record at all, when I went to checkout my cart was full and my husband emptied it to the counter, I really wasn't paying attention.

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2 Lawyer Answers
Gary Kollin
Gary Kollin
Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL
  • Licensed in Florida

A: Frankly. It is hard to fathom how two items escaped your notice when yo placed them in your purse and seems awfully convenient that you first put the bag in the cart and then picked it up with the stolen goods and put it in your purse.

Most people I know do not put the prescription into the car but instead put it on the top on the baby shelf

1 user found this answer helpful

Sasha  Dadan
Sasha Dadan
Answered
  • Criminal Law Lawyer
  • Fort Pierce, FL
  • Licensed in Florida

A: I would encourage you to review the Florida jury instruction for RETAIL THEFT and read Fla. Stat.

§ 812.015(8). The State must prove that you knowingly took these items. Certainly, having no prior criminal history is a tremendous benefit and may lead to a better plea bargain if you are forced to go to trial, but rather not. Either way you should hire an attorney or apply for the Public Defender's Office if you cannot afford to hire a private attorney.

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