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Kendall Possession of Anti-Shoplifting Devices Lawyers

March 21, 2024 Uncategorized

Kendall Possession of Anti-Shoplifting Devices Lawyers – A Friendly Guide

Shoplifting is like, a major problem for retailers. Stores lose billions of dollars every year from people slipping merchandise into their pockets or bags and walking out without paying. So it kinda makes sense why many stores take steps to prevent theft.

But some anti-shoplifting measures, like using certain devices, are actually illegal in Florida. If you get busted just for having one of these devices, you could be looking at criminal charges. Yikes!

This article will break down the law on possession of anti-shoplifting devices in Kendall and Miami-Dade County. We’ll look at what these devices are, what the law says, and what defenses you might have if you’re accused. We’ll also chat about finding a good lawyer to fight the charges.

Let’s dive in!

What Are Anti-Shoplifting Devices?

Anti-shoplifting devices are tools used to prevent or detect shoplifting. There’s a bunch out there, but some common ones are:

  • Electronic Article Surveillance (EAS) Tags – Those little stickers or tags that set off alarms if you walk out without removing them.
  • Ink Tags – Tags that burst and cover merchandise in permanent ink if you try removing them improperly.
  • Bottle Locks – Those plastic gadgets that attach to bottle tops to prevent opening.
  • Spider Wrap – A hard plastic wrap that attaches around boxes or products. It’s rigged with alarms.
  • CCTV Cameras – Security cameras help spot and deter potential shoplifters.

Stores have good reason to use these devices, right? But in Kendall, having some of them could get you arrested.

Florida Law on Anti-Shoplifting Devices

Here’s the deal – Florida law makes it illegal to possess certain anti-shoplifting devices if you don’t have permission from the owner or manager of the store. Like, you can’t just walk around Kendall with these things in your purse or pocket.

The main law is Florida Statute 812.015. It bans possession of devices like:

  • Ink tags or dye packs (the exploding ink kind)
  • Electronic article surveillance shields (those little foil sheets that block sensors)
  • Any tool designed to remove anti-shoplifting devices from merchandise

There are also laws prohibiting possession of store merchandise with alarms or theft detection devices still attached. Like, if you accidentally walk out with an EAS tag still on your clothes, that could potentially get you arrested.

The reason for these laws is to prevent people from shoplifting and then using devices to defeat anti-theft measures. But it also means you can’t have them for any reason, even if you weren’t planning to steal.

Penalties for Illegal Possession

Simply having one of these devices is a first-degree misdemeanor in Florida. The maximum penalties are:

  • Up to 1 year in jail
  • Up to 1 year probation
  • Up to $1,000 in fines

And there are other consequences too, like a permanent criminal record. That could really mess up job or school applications down the road.But here’s a scary thing – if you use an anti-shoplifting device while actually committing theft, it becomes a felony. We’re talking up to 5 years in state prison and $5,000 in fines! Like that’s serious stuff.So it’s really important to know what devices are illegal. Having one accidentally could lead to major charges.

When Possession is Legal

You’re allowed to have these devices if you have permission from the store owner or manager. For example, mall security guards can carry certain devices.You’re also allowed to possess them if it’s part of your job. For instance, a store employee could legally have ink tags or bottle locks.

Police officers are also exempt while carrying out official duties. But for us average folks, it’s usually illegal to have anti-shoplifting devices in Kendall.

Defenses Against the Charges

Let’s say you get arrested for having an ink tag in your purse or a bottle lock in your pocket. There are a few defenses a lawyer might use to fight the charges:

You Didn’t Know You Had It – Like, what if the ink tag was buried at the bottom of your bag from an old shirt you bought. Or a bottle lock stuck to your pocket. If you can show you didn’t intentionally have it, the charges could get dropped.

Someone Else’s Device – If the device clearly belongs to someone else, like your roommate or spouse, you may be able to avoid charges.

False Accusation – Police do make mistakes sometimes. If the device was planted on you or the police are lying, a good lawyer can fight it.

Entrapment – This applies if the police tricked or coerced you into possessing the device. It’s rare but could potentially get the case dismissed.The key is having an experienced Miami criminal defense lawyer argue one of these defenses persuasively in court. Don’t go it alone against shoplifting possession charges.

Finding a Kendall Criminal Defense Lawyer

If you’re dealing with shoplifting device charges in Kendall, I’d really recommend finding a local criminal lawyer. Here are some tips:

  • Search Kendall specifically – Find lawyers familiar with local courts and prosecutors.
  • Check reviews – Look for lawyers with glowing reviews from past clients.
  • Meet for a consultation – Talk to them in person about your case before hiring.
  • Ask about costs – Get quotes for total legal fees upfront. Some lawyers work on payment plans.
  • Verify experience – Make sure they have represented shoplifting device cases before.

Don’t just pick the first lawyer you find from a Google search. Take time to research and find someone you really trust. This is your future on the line.

The Bottom Line

It’s totally understandable why stores want to stop shoplifting. But shoppers need to know which anti-theft devices could land them in legal trouble in Kendall and Miami. Ink tags, bottle locks, alarm removers – having these could lead to criminal charges.

If you’re accused of illegally possessing an anti-shoplifting device, stay calm and call an experienced criminal defense lawyer. A good lawyer can evaluate your case and build a strong defense against the charges. With the right legal advice, you can hopefully get through this stressful situation.So be super careful about those devices. And if you ever get arrested, you kinda know the drill – lawyer up! They can help protect your rights. Alright, hopefully this gives you a good overview of the law on shoplifting devices. Stay out of trouble!

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