PETIT THEFT / SHOPLIFTING Self-Checkout Lane Shoplifting FAQs

SELF-CHECKOUT LANE SHOPLIFTING

Q: What happens if I’m charged with shoplifting at a self-checkout in Walmart or Target?

A: If you’re charged with shoplifting at a self-checkout, it can be a frustrating and stressful experience. These big companies save money by having us scan and bag our own items, yet they prosecute us for mistakes we might make. Even if the cashier makes mistakes, they don’t face criminal charges. However, if you or I forget to scan a few items, we could be charged with petit theft or shoplifting, leading to severe consequences.

Q: What are the potential consequences of a shoplifting charge?

A: Being charged with shoplifting can result in several penalties, including jail time, probation, community service, fines, and classes. Additionally, a criminal record for theft can have long-lasting adverse effects on your life, such as difficulty finding employment. Employers might overlook a DUI, but theft is often seen as a serious offense that can hinder your chances of getting promoted or even getting the job in the first place. Most HR people are fond of saying that any theft charge is the first thing they look for before they deny someone a job.

Q: Can a defense attorney help if I’m charged with shoplifting at a self-checkout?

A: Yes, a defense attorney can significantly help. Even if you are guilty, there are many ways to get these charges dismissed. The prosecution must prove that you intended to steal, which can be difficult if it was a genuine mistake. We often use what’s known as the “self-scan defense,” arguing that you had no intent to steal and made an error. Cases like these can be tough for the state to prove, and an experienced attorney can help navigate these defenses effectively. The store will usually have 3 or 4 video camera angles covering the self-checkout lane, and these camera angles can make you look very guilty. And that’s ok. Another way we can get your case dismissed is through various programs available in Orange County, Seminole, Osceola, Brevard, and Lake Counties. Each county’s program is called something a little different, but they all end in dismissal. Some counties require that you be a “first offender”, other counties will permit a few unrelated prior incidents. But if we can get you into a program, everything will be thrown out in the end. Dismissed. Dropped. Done. It’s a beautiful thing.

Q: What are the common types of self-checkout theft?

A: There are four main scenarios of self-checkout theft:

1. Non-scanning theft: This is when a customer pays for most of their items but fails to scan a few. Proving intent to steal in these cases can be difficult.
2. Dine & dash: Customers scan all items but leave without paying.
3. Promo and coupon theft: Misusing promotional deals or coupons to reduce the cost of items.
4. Barcode swapping: Placing counterfeit barcodes over legitimate ones to pay less. For example, putting a $25 barcode on a $185 item.

Q: How can they prove I intended to steal?

A: To convict you of shoplifting, the prosecution must prove that you intended to steal the items. This is often challenging because simply missing a few items while scanning does not necessarily indicate intent to steal. The “self-scan defense” argues that you genuinely thought you had scanned all your items, thus there was no criminal intent.

Q: How do stores detect self-checkout theft?

A: Stores use various technologies and strategies to detect theft at self-checkouts. They may monitor your behavior before you enter the self-checkout area and use predictive analytics to identify items that are commonly not scanned. Let’s face it: in my 31+ years defending these cases, no one has ever mistakenly mis-scanned a 59-cent cup of ramen noodles. Just saying. Additionally, they have staff watching for suspicious activity and may approach you if they detect any irregularities. Several surveillance cameras are recording at each self-checkout lane from 3 or 4 angles, and the replays of these tapes can make folks look guilty.

Q: What is the self-scan defense?

A: The self-scan defense is based on the idea that you did not intentionally fail to scan items. It’s common for people to make mistakes at self-checkouts, and the machines themselves can sometimes malfunction. If you can show that the failure to scan was unintentional, it’s challenging for the prosecution to prove otherwise. Florida law doesn’t clearly define how many scanning mistakes constitute a crime versus a non-crime, which works to your advantage.

Q: How do the number of items scanned affect my case?

A: The number of items you scanned versus the number you missed can impact your case. If you purchased a large number of items but missed scanning a few, it’s less likely to be seen as a crime. For example, if you bought over 250 items but missed three, it doesn’t look intentional. However, if you bought seven items and missed three, it might be perceived as intentional theft. The context matters, and a good attorney can argue these points in your defense.

Q: What should I do if I’m charged with shoplifting at a self-checkout?

A: Don’t lose hope if you’re charged with shoplifting at a self-checkout. Contact a local criminal defense attorney with experience with these types of cases. With the right legal representation, there are many options to get the charges dismissed or reduced. An attorney can help clear your criminal record, ensuring this mistake doesn’t follow you around forever. If you have any questions or need legal assistance in Central Florida, including Orange, Seminole, Osceola, Volusia, Lake, or Brevard counties, give our office a call. We’re here to help you through this challenging time and work towards the best possible outcome for your case.