Many people don’t realize they can be arrested for shoplifting without leaving the store in Florida—but that’s exactly how the law works.
But in reality, you can be arrested—and charged—even before you leave the store.
Florida’s theft laws don’t require you to exit the building to face criminal charges. Here’s what you need to know if you’ve been accused of shoplifting without making it past the front door.
Can You Be Arrested for Shoplifting Without Leaving the Store?
Florida Statute § 812.015 defines shoplifting as “retail theft,” which includes:
Taking merchandise
Altering or removing price tags
Moving items from one container to another
Intending to deprive the store of the item’s value
Leaving the store is not a required element.
If store security or law enforcement believes you intended to steal, you can be detained or arrested—even while still inside the store.
đź‘® How Can They Prove Intent?
Shoplifting is a crime of intent. The prosecutor doesn’t have to prove you walked out—only that you intended to steal.
Common indicators of intent include:
Concealing items in a bag, pocket, or stroller
Removing security tags
Skipping the checkout line
Placing unpaid items inside another item (e.g., bag inside cart)
Passing all points of sale without paying
⚖️ What Happens After an In-Store Arrest?
If you were arrested for shoplifting without leaving the store in Florida, your case may turn on what security or police believed about your intent—not whether you passed the exit.
Many stores (like Walmart or Target) have dedicated loss prevention officers. If they suspect shoplifting, they may:
Detain you and call police
Ask you to sign a statement or return the items
Record video footage and write a report
Turn everything over to law enforcement for criminal charges
🛑 Important: Anything you say during this interaction can be used against you.
❌ Common Mistakes That Hurt Your Defense
Admitting guilt hoping to be let go
Arguing with store staff or police
Assuming the charge isn’t serious because you didn’t leave
Failing to show up for court (which can lead to a bench warrant)
Even first-time shoplifting arrests can result in:
Jail time
Permanent criminal record
Immigration consequences
Civil demand letters for restitution
🛡️ How a Theft Defense Lawyer Can Help
At Michael White, P.A., we fight shoplifting charges aggressively—especially when no actual theft occurred.
We review the footage, witness statements, and police reports to find weaknesses in the case.We may be able to:
Get the charge dismissed or reduced
Enter a pretrial diversion program
Prevent a conviction that could impact your job, license, or immigration status
🔍 More Answers About Florida Shoplifting Laws
âť“ Can I be arrested for shoplifting before leaving the store in Florida?
Yes. If store staff or police believe you intended to steal, you can be arrested without leaving.
âť“ What if I was just holding the item?
That may help your defense. Intent is key, and simply holding something doesn’t prove you planned to steal.
âť“ Do stores always call the police?
Not always. But large retail chains often do—and have entire teams dedicated to loss prevention.
âť“ Will I go to jail for shoplifting?
Possibly. Penalties vary depending on the value of the items and your criminal history.
âť“ Can I seal or expunge a shoplifting charge?
Only if the charge is dismissed or you complete a diversion program. A conviction typically cannot be sealed.