Eastpoint, FL Criminal Defense Law Firms & Lawyers

You need to hire an attorney to represent you in court to keep this off your record. You can't just assume that the prosecutor will give you a good deal; his job is to get you convicted. If you don't have prior convictions for stealing, then it's very likely that your attorney can negotiate a plea bargain to get your charge reduced to a lesser offense, such as "Littering." You will have to pay a fine and court costs, but you probably will not have to appear in court. Of course, this depends on which court this is in.

The crime of theft or attempted theft is committed when you take or attempt to take the property of another with the intent to deprive the owner of his or her right to the property. The act of moving merchandise within a self-service store like K-Mart does not automatically constitute possession from which intent to steal can be inferred. There is a higher standard of proof upon the prosecution for theft in these situations. Ultimately, it is up to the jury to decide whether you had the intent to steal the goods. If the facts of your case show only suspicious possession of the merchandise while inside the store, this will be insufficient to prove your criminal intent. On the other hand, if your suspicious possession is accompanied by an attempt on your part to conceal the merchandise, a jury well could decide the prosecution has met its burden in proving your intent to steal the goods. Similarly, if you admitted your intent to steal the goods when confronted by a security guard inside the store, that admission likely would establish your intent. You may have a defense to the theft charge if you abandoned your plan to steal the items. However, for this defense to apply, your abandonment has to be voluntary. In other words, if you withdrew from your plan because of a belief that a store employee became aware of your plans, or that your plans would be thwarted in some way, your abandonment would be deemed involuntary, and the defense would not apply. I recommend you consult a criminal defense lawyer in your area who can advise you as to the likelihood of a jury finding criminal intent -- or a lack thereof -- on your part. He or she also can advise you as whether a defense of voluntary abandonment is a viable trial strategy.