Our Florida Walmart Shoplifting Defense Attorney Explains What Happens Next, What's at Stake, and How to Protect Your Record and Your Future
If you were recently arrested for shoplifting at Walmart in Florida, I want you to understand something important—this charge is more serious than many people realize. Walmart doesn't hesitate to press charges. Prosecutors are aggressive. A shoplifting charge, even for a first-time offense, can carry lasting consequences that affect your job, housing, immigration status, and more.
As a criminal defense lawyer in Florida who has handled many Walmart shoplifting cases, I've seen how fast a misunderstanding or momentary lapse in judgment can spiral into a criminal case. If you're reading this, you likely have questions, maybe some anxiety, and you want to know what's going to happen next. Let me walk you through what you're facing and how we can fight it together.
What Is Considered Shoplifting Under Florida Law?
In Florida, shoplifting is referred to as "retail theft." It’s defined under Florida Statutes § 812.015(1)(d):
"Retail theft means 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 the intent to deprive the merchant of possession, use, benefit, or full retail value."
This includes:
- Hiding merchandise in bags, pockets, or under clothing,
- Switching price tags to pay less,
- Taking items past self-checkout without scanning, and
- Walking out of the store without paying.
And yes, Walmart's surveillance cameras, asset protection teams, and even AI-powered inventory systems often provide footage and data to law enforcement.
Penalties for Shoplifting at Walmart in Florida
The penalties depend on the value of the items allegedly stolen and your prior criminal history:
- Petit Theft – Second Degree Misdemeanor: Property less than $100. Up to 60 days in jail, 6 months probation, and a $500 fine.
- Petit Theft – First Degree Misdemeanor: Property between $100 and $750. Up to 1 year in jail, 1 year probation, and a $1,000 fine.
- Grand Theft – Third Degree Felony: Property over $750 or multiple offenses. Up to 5 years in prison, 5 years probation, and a $5,000 fine.
If you have prior theft convictions, the prosecution can elevate a new petit theft charge to a felony, even if the value of goods is low. That means a $50 item could expose you to prison time if you have a prior theft on your record.
Why You Need a Private Attorney to Handle a Walmart Shoplifting Arrest
I can't stress this enough—having a private criminal defense attorney can be the difference between walking away with a clean record and carrying a theft conviction for the rest of your life. The public defenders in Florida are often overloaded with cases. They may not have the time to investigate your specific facts, negotiate for diversion, or catch the procedural flaws in how you were arrested.
I've personally defended clients where Walmart loss prevention failed to follow the correct legal procedures, where the video evidence was unclear or incomplete, or where my client simply made a scanning error at the self-checkout. These cases are beatable. But only if you move quickly and build a real defense strategy.
Defenses to Walmart Shoplifting Charges in Florida
Several defenses may apply, depending on the details of your case. These include:
Lack of Intent
If you left the store distracted, confused, or forgot an item was in your cart, the prosecution still has to prove intent beyond a reasonable doubt. That's not always easy, especially if you made no effort to hide the item or tried to pay.
Mistaken Identity
Walmart's cameras don't always tell the full story. If you were wrongfully accused or another person took the item, we can challenge the identity of the alleged thief.
Improper Detention or Arrest
Walmart employees must follow Florida's merchant detention laws under § 812.015(3)(a). If they held you too long, used excessive force, or searched your belongings without proper cause, the entire case could be compromised.
Illegal Search or Seizure
Did law enforcement search your bag or person without consent or probable cause? If so, we can challenge the evidence under the Fourth Amendment and Florida Constitution.
Self-Checkout Malfunctions
Self-checkouts can misread barcodes, double-scan, or miss items entirely. If there's no clear evidence you intended to skip payment, prosecutors may be forced to drop the charge.
Real Case Example: Charges Dropped for Single Mom Accused at Walmart
A 34-year-old single mother from Central Florida contacted me after being arrested for shoplifting at a Walmart Supercenter. She had taken her two children with her, scanned most of her items at self-checkout, but forgot to scan several small school supplies and a few snacks that were under the diaper bag in her cart.
Walmart loss prevention stopped her at the exit and called the police. She was arrested on the spot, even though the total alleged theft was under $40. She had no prior criminal record.
After reviewing the surveillance video, I pointed out that she paid for 95% of her items and did not make any attempt to conceal anything. We also showed that the items were placed near her kids and weren't visible during checkout. I negotiated with the prosecutor, highlighted her clean record, and got the charges dropped through pretrial diversion.
That mom kept her job, avoided a theft conviction, and protected her family's future. This is what a private defense lawyer can do when the facts support your case.
What Happens After You're Arrested for Walmart Shoplifting in Florida?
If police arrest you for retail theft at Walmart, here's what typically happens:
- You are booked into jail or given a notice to appear.
- You will have an arraignment where you enter a plea.
- Evidence, including surveillance footage and witness statements, will be gathered.
- The prosecutor will decide whether to pursue the charge or offer diversion.
- If unresolved, your case proceeds to trial.
Time is critical. Surveillance footage is not always preserved. Witnesses forget. And court deadlines move fast. Hiring a private defense lawyer early can help preserve key evidence and negotiate better outcomes before the case snowballs.
Alternative Resolutions: Diversion, Dismissal, and Withholding of Adjudication
Many first-time shoplifting cases may be eligible for:
- Pretrial Diversion: Complete a program and get the charge dropped.
- Withholding of Adjudication: You plead guilty, but no conviction appears on your record if you complete probation.
- Dismissal: If the evidence is weak or the store does not cooperate.
These outcomes are often only possible when a private attorney negotiates with the prosecutor, presents mitigating facts, and pushes for a non-conviction resolution.
Additional Florida Laws That May Apply
In addition to § 812.015, other statutes may apply in your case:
- § 775.084 – Habitual offenders: Enhances penalties for those with prior thefts.
- § 903.046 – Bail considerations: Factors courts consider when setting conditions of release.
- § 948.08 – Pretrial intervention programs: Eligibility for diversion.
Understanding how these statutes apply—and how to use them in your favor—is part of why you need experienced legal help.
Why Walmart Cases Are Harder Than They Seem
Walmart stores are aggressively prosecuting even minor offenses. They often have:
- High-resolution surveillance,
- Security staff trained to testify,
- AI tracking in self-checkouts,
- Zero-tolerance theft policies.
Without a defense attorney who knows how to challenge Walmart's processes, you could easily end up with a criminal record that follows you for life.
Florida Walmart Shoplifting Defense FAQs
What happens if I'm caught shoplifting at Walmart and it's my first offense?
For a first offense under $100, you'll likely be charged with a second-degree misdemeanor. This can carry jail time, probation, or a fine. But with a private attorney, you may qualify for diversion or dismissal, especially if you have no criminal history. Early action is key to keeping your record clean.
Can I go to jail for shoplifting at Walmart?
Yes, depending on the value of the merchandise and your criminal history. Even for items under $100, jail is possible under Florida law. However, with proper representation, jail time can often be avoided. Most first-time offenders avoid incarceration if the right defenses or diversion options are presented effectively.
Will Walmart drop the charges if I return the items?
No. Once you're arrested or issued a notice to appear, it's up to the State Attorney, not Walmart, to decide whether to pursue the charge. Walmart may be a witness, but they do not control the prosecution. Returning the merchandise might be a mitigating factor, but it won't stop the case on its own.
Can I get this charge off my record?
If your case is dismissed or resolved through diversion, you may be eligible to seal or expunge your record. This depends on the outcome and your prior history. Florida has strict rules about sealing records, but a private attorney can help guide you through that process and file the right paperwork.
How can a lawyer help me avoid a conviction?
A lawyer can review the evidence for weaknesses, challenge the conduct of Walmart staff, negotiate with the prosecutor, and push for alternatives like diversion or adjudication withheld. Without legal counsel, you're left to defend yourself against trained prosecutors and Walmart's legal team. A private attorney gives you the best chance at avoiding a theft record.
Call Our Florida Walmart Shoplifting Defense Attorney Right Now!
If you or someone you care about has been arrested for shoplifting at Walmart in Florida, do not wait until it's too late. A theft conviction can affect your job, housing, background checks, and future. You need someone who will fight to protect your record and push for dismissal or diversion whenever possible.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have 35 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.