Getting arrested for shoplifting can be overwhelming—but your response in the first few moments can make or break your case. Whether you’re stopped in Fort Lauderdale, Miami, or anywhere in South Florida, knowing what to do after a retail theft arrest is critical.
✅ What You Should Do After a Shoplifting Arrest
🗣️ Stay Silent
The most important thing you can do is say nothing. Police may ask questions to “hear your side,” but their goal is often to gather evidence:
Anything you say can and will be used against you
Statements like “I forgot to pay” or “I needed it” can be twisted into proof of intent
Remaining silent makes it harder for the State to prove your intent to steal
In Florida, shoplifting (retail theft) charges require the State to prove criminal intent. If you walked past a register distracted or misunderstood a price tag, that’s not enough for a conviction—unless you admit guilt.
📌 Related: 👉 Should I Talk to the Police Without a Lawyer?
❌ What You Should Not Do
🚫 Do Not Admit Guilt
Even “I was going to pay” or “I didn’t mean to” can be used to show intent. Say nothing until you speak with your attorney.
🚨 Do Not Resist Arrest
Fighting or arguing with officers can lead to:
Resisting without violence charges
More severe prosecution
Harsher outcomes at sentencing
Stay calm and cooperative—but stay silent.
👨⚖️ Contact a Criminal Defense Lawyer Immediately
Once you’re released or given a court date, don’t delay—hire an experienced shoplifting defense attorney. The sooner you get legal representation, the sooner you can start protecting your:
- Reputation
- Criminal record
- Future employment and housing opportunities
At Michael White, P.A., we help clients across Broward County and South Floridafight shoplifting charges—and often get them dismissed or reduced.
📲 Call (954) 710-0925 or schedule your free consultation today.
💬 Frequently Asked Questions: Shoplifting Arrests in Florida
Q1: What is considered shoplifting in Florida?
A: Shoplifting—also known as retail theft—involves taking merchandise with the intent to deprive the retailer of its full value. This includes concealing items, switching price tags, or walking past the point of sale without paying.
Q2: Should I talk to the police after being arrested for shoplifting?
A: No. It’s best to remain silent and ask to speak with an attorney. Anything you say—even if unintentional—can be used to prove intent and secure a conviction.
Q3: Can I be convicted of shoplifting if it was a mistake?
A: It depends. The prosecution must prove intent to steal. If your attorney can demonstrate that it was a misunderstanding or distraction, the case may be dismissed or reduced.
Q4: What are the penalties for shoplifting in Florida?
A: Penalties vary based on the value of the stolen items. Theft under $750 is usually a misdemeanor, while higher amounts or repeat offenses may lead to felony charges, jail time, fines, or probation.
Q5: Will a shoplifting charge stay on my record?
A: If you’re convicted, yes—it becomes part of your criminal history. However, your attorney may be able to negotiate dismissal, a diversion program, or a withhold of adjudication, which can help you avoid a permanent record.