Legal Question in Criminal Law in Florida

my son recently had a issue with publix supermarket in fl. He had gone in and was looking at hair gel and put some in his hands and went in the bathroom to try it out. He left the bottle inside the store and went out to his car to get his wallet , he had thought he had it on him the wallet . While returning to the store the manager grab him and brought him back inside and made him sign a paper he was shop lifting. he told him that he did not realize that trying it was wrong and he was coming back in to purchase it. They told him because he was cooperative they were not calling the police but that he would get a letter from Publix which he had sign and return stating it was a no trespassing paper. Does this sound right. He is young 20 and truly did not realize he was doing something wrong. Can this go on his record with the police dept (they were not called) he is in college and studying to be a teacher.


Asked on 7/29/09, 7:17 pm

1 Answer from Attorneys
Don Waggoner Don Waggoner Law, P.A.

He got lucky and they didn't call the cops, so no record. But there are two other things-the store can trespass him, so he can't go back. No big deal.

Second, there are two things-1. No one should try a product out before buying it without permission of the store or owner. Lots of people think it's okay to try a grape, but without permission it is not. Why? If each person that walked by tried just one or two grapes, the store would lose 1-2 pounds a day or more. That is a loss of income and a theft. Same with your son- if 10 people try the hair gel from that bottle, the store loses its value in income. It doesn't sound like like a lot, but, per store, it adds up to thousands of dollars per year. That's why the store cares. 2. If your son had the intent to buy the product, he wasn't trying to steal it, even if he went out to get his wallet, so I don't think the accusation should be made. Nonetheless, in my opinion, your sone should ask to try the product, or buy it first and return it if he didn't like it. In my opinion, the store was being a little too picky.

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Answered on 7/29/09, 9:40 pm


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