Arrested for Shoplifting Before Leaving the Store? The “Concealment” Law in Florida

It is incredibly frustrating to be accused of shoplifting when you simply forgot to pay for an item or hadn’t even made it to the cash register. Unfortunately, under Florida’s petit theft law, a crime can be committed much sooner than most people realize.

The funny thing about shoplifting law is that you can be arrested without ever leaving the store. The reason for this comes down to one word: concealment.

Accused of Petit Theft in Orlando? Even if you never left the store, you can be charged with a crime. Call my office to discuss how we can defend your intent. Call John Guidry: (407) 423-1117

The Law of Concealment: The Crime is Complete Inside the Store

Here is the hard truth that most people don’t know: under Florida law, the crime of petit theft can be completed the moment you conceal merchandise with the intent to steal it.

If you put a piece of makeup in your purse, even if you fully intend to pay for it when you get to the front of the store, you have technically committed the act described in the statute. This gives a store’s loss prevention officer the legal right to stop you immediately.

To be perfectly clear, they do NOT have to wait for you to:

• Approach the cash registers.
• Bypass the cash registers.
• Attempt to leave the store.

The crime, in the eyes of the law and loss prevention, is already complete. It’s a sad reality because people make honest mistakes, but the law is very clear on this point.

But Intent is Still the Key to Your Defense

While the act of concealment can lead to your arrest, it does not automatically make you guilty. To convict you, the prosecutor must still prove beyond a reasonable doubt that you had the intent to steal when you concealed the item.

This is where we build your defense. We can argue that the concealment was for convenience—placing a small item in your pocket so it wouldn’t get lost in the cart, for example—and that you always intended to pay. Challenging the State’s ability to prove your criminal intent is how we can beat the charge. There is hope.

I’m John Guidry. If you’re facing a shoplifting or petit theft charge in Orange, Seminole, or Osceola County, give me a call. I have been defending people in these exact situations since 1993. Let’s see if we can help you out.

And if you’d prefer to watch a video to learn more about petit theft and shoplifting, check out “Shoplifting and Petit Theft in Florida,” and “Shoplifting for the First Time? 3 Possible Outcomes You Need to Know.”

About the Author, John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.