Legal Question in Criminal Law in Florida

forgetting to pay for something in a store

I was shopping in a store and paid for what I had, but I forgot I was holding a small item and didn't pay. Now I am facing criminal charges. I clearly admitted to forgetting I was carrying it because my hands were full of other items.


Asked on 1/05/09, 12:49 am

3 Answers from Attorneys

Gordon Fenderson Fenderson Law Firm

Re: forgetting to pay for something in a store

I'm sorry that happened. I can answer any questions for you if you would like.

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Answered on 1/05/09, 1:59 am
Joseph Vredevelt Best Vredevelt & Associates

Re: forgetting to pay for something in a store

shoplifting does require the State to prove actual intent on your part to steal (permanently deprive the store of the item without paying), so i think if you did just forget about the item you have an argument. a lawyer should get the surveillance tapes and question any witnesses before taking any plea or trial. if you have any other questions please feel free to contact my office free of charge. All My Best, Joseph Vredevelt

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Answered on 1/05/09, 7:07 am
Thomas Rosenblum Rosenblum Law Offices

Re: forgetting to pay for something in a store

Hello: I read one of the responses that gave you some specifics. He is correct. I would add, if you have no prior record, the State Attorney may offer you an opportunity to enter a diversionary program. This is where you make an agreement with the State Attorney's Office to pay them a fine, do some community service hours or some other condition. If you complete the conditions, they DROP the case. As such, you would never have to go to Court and you have no record for this event. If you don't get in a diversionary program, it is not that serious a case to the State or to the court. What I mean is they have more serious crimes to handle. You could enter a plea and perhaps only get a fine...no jail (so long as you do not have a bunch of priors). You do not have to enter a plea of guilty. If you can prove you didn't mean to forget to put that item down for the cashier, you could demand a trial and roll the dice.

You don't state your city or where the case is pending. If my office can be of any assistance in North Fla., please write or give us a call. Good luck. Tom Rosenblum.

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Answered on 1/13/09, 5:48 pm


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