The defendant went shopping in a well known retail store in Port St. Lucie with her husband. After selecting merchandise, the defendant was waiting in the check-out line. Store security confronted her husband and accused him of shoplifting by placing items in his pockets. The husband fled the store. Failing to apprehend the husband, store security turned their attention to the defendant, who voluntarily remained on scene. Security accused her of assisting her husband with his alleged theft and demanded her to walk to a back office to be interrogated. Confused and feeling harassed by security, she attempted to peacefully walk out of the store; but the police were called and arrested the defendant for petit theft and resisting a merchant. After meeting with the Firm’s Treasure Coast Attorney, it became apparent to counsel that she had no knowledge of her husband’s actions and was wrongfully accused based on the unfortunate notion of “guilty by association.” Counsel immediately pulled video from the multiple cameras in the retail store. The video images clearly showed our client was simply shopping. The video images not only failed to show she was in any way assisting her husband commit a crime, it also did not show she even had knowledge of his actions. Furthermore, counsel immediately recognized that the State could not prove the “resisting merchant” charge because there was no allegation that our client intended to prevent the store from retrieving stolen merchandise, a required element to the offense. Armed with multiple defenses, counsel set the case for trial. Recognizing the strong case the Firm’s counsel was prepared to present to a jury, the prosecutor dropped all charges.
DUI & Criminal Division
