Volusia County Shoplifting Attorney

Sam Masters Legal Defends Individuals in Daytona, Volusia and Flagler Counties, who have been charged with Shoplifting & Theft Crimes

Sam N. Masters, the founder of Sam Masters Legal, a Volusia County Shoplifting Attorney with over 35 years of criminal trial experience makes Sam Masters Legal an excellent choice to represent you or a family member who has been charged with either a Shoplifting or Theft crime.

The Florida Statute Chapter 812 (THEFT, ROBBERY, and RELATED CRIMES) addresses Shoplifting and Other Theft Crimes. Shoplifting is covered under the category "Retail theft".

§812.015 defines Retail Theft as the taking possession of or carrying away of merchandise, property, money, or negotiable documents; altering or removing a label, universal product code, or price tag; transferring merchandise from one container to another; or removing a shopping cart, with intent to deprive the merchant of possession, use, benefit, all full retail value.

Florida Courts issue juries' instructions prior to deliberation. The instructions for retail theft are entitled 14.1 RETAIL THEFT §812.015(1), Fla. Stat. To prove the crime of Retail Theft, the State must prove the two elements beyond a reasonable doubt:

  • The defendant knowingly either:
    • Took possession of or carried away the merchandise or
    • Altered or removed a label or price tag from the merchandise or
    • Transferred the merchandise from one container to another or
    • Removed a shopping cart from the merchant's premises
  • The defendant intended to deprive the merchant of possession, use, benefit, all full retail value of the merchandise or shopping cart

"Knowingly" means an act done voluntarily and intentionally and not because of mistake or accident or other innocent reason.

It is not uncommon, with the distracting lives we live, to forget that an article of merchandise is still in the cart at checkout, for instance. You may unwittingly stick a pack of gum in your top pocket out of habit, rather than place it in the cart. Even children have been known to pick up merchandise and carry out without the parent’s knowledge.

A retail theft charge can have a lasting impact. Most employers do thorough background checks on present and potential employees. A theft conviction can therefore lead to loss of employment and or employment opportunities. A knowledgeable and experienced attorney can create multiple options to protect your criminal history and avoid not only incarceration but the lasting effects of an arrest or conviction.

If you or a loved one has been charged with shoplifting or any other theft crime, you should obtain the legal advice from an experienced Daytona Theft Crimes Lawyer. Sam Masters Legal will review all the evidence and circumstances of your case to help you determine the most appropriate defense/strategy.

Sam Masters Legal will use more than 35 years of knowledge and experience and work for you by rigorously challenging the evidence and procedural processes used against you. If you or a loved one has been charged with Shoplifting or a Theft Crime you can entrust your legal defense to Sam Masters Legal.

Call (386) 252-4717 today for a free initial consultation with a Daytona Theft Attorney. He is here and ready to help and defend you. Serving many areas including Ormond Beach, Port Orange, and New Smyrna Beach in Volusia County.