Can I Be Charged With Shoplifting After I Have Left The Store? (2024)

Did you know that shoplifting is one of the most common theft offenses in Texas? People often think that successfully exiting the store means they have gotten away with shoplifting. However, this is not always the case.

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How Do Stores Track Down Shoplifters?

According to the National Association for Shoplifting Prevention, 1 out of every 11 Americans will shoplift. How do stores combat this?

Many retailers, especially large department and grocery stores, use video surveillance. Cameras in and outside of the store can detect suspicious activity and capture evidence of the individual stealing. Cameras in the parking lot can see the car the suspect got into, allowing them to take down their license plate number and identify them.

Some stores even have facial recognition software so they can easily identify people from the surveillance videos.

Many locally-owned stores use social media to track down shoplifters. They post images from their security footage and ask the community for help identifying the suspect.

These methods can be used to find shoplifters long after they have left store property. If the store decides to file a report against you, you may be contacted by police or summoned to court.

How Long After Shoplifting Can You Be Charged?

The statute of limitations is the amount of time after a criminal offense occurs that it is still possible to make an arrest. The statute of limitations for shoplifting varies based on the value of the merchandise stolen. For misdemeanor cases of theft, the statute is two years after the commission of the crime. For felony theft, the statute is five years.

  • Up to $2,500 worth of stolen goods is a misdemeanor offense.
  • $2,500-$30,000 worth of stolen goods is a state jail felony.
  • $30,000 and up is a felony offense.

If the amount of merchandise you stole was minimal, the store likely wouldn’t spend time and resources tracking you down. However, you should know that it is still possible to be charged after leaving the store.

The Texas Theft Liability Act

Under this law, the victim of theft can seek damages from the accused thief. This means that not only could you face criminal charges, but you can be held financially responsible.

If you think you may be charged with shoplifting or are currently facing charges, you will want to contact a criminal defense attorney. Having a theft offense on your record can lead people to think you are untrustworthy. This could affect your career, housing options, and more.

At Scott H. Palmer, P.C., we’ll go the extra mile to help you fight your charges. Contact us today at (214) 891-3382 to set up a consultation with one of our Dallas shoplifting defense lawyers.

Can I Be Charged With Shoplifting After I Have Left The Store? (2024)

FAQs

What are the chances of getting caught shoplifting after leaving store? ›

Receiving shoplifting charges after leaving store is not uncommon. As we mentioned before, it can take several weeks or even months before you get charged. It simply depends on when the retailer is ready to file charges and present their evidence to the police.

Can Walmart press charges for shoplifting after you leave? ›

If you were able to leave the store without being stopped by an employee, you may not be as safe as you think. If the store took footage of you shoplifting and you are later identified in the footage, you can be charged with theft any time within the statute of limitations.

Is it stealing if you're still in the store? ›

Answer: Yes, a defendant can commit the crime of shoplifting without actually leaving the store. All he needs to is to move the property and exercise control over it in a way that is inconsistent with the shop owner's reasonable expectations as to how shoppers will handle merchandise.

Can you get caught stealing months later? ›

Most shoplifting cases are classified as a misdemeanor. This means that you can face shoplifting charges after leaving the store for up to 1 year after committing the crime. Sometimes it will take weeks or months for the store to file charges because of the constraints of video footage.

Can you be charged with theft if the item is returned? ›

Unfortunately, returning a stolen item does not cancel out the intent to steal. While returning an item or asset shows remorse, you still stole the item to begin with which means you intended to break the law and proceeded to do so and keep the stolen item until you felt remorse.

Do shoplifters get caught after the fact? ›

Even if you successfully shoplift and exit the store without being caught, you can still be arrested. When there is missing inventory or if something distinctive is gone from the shelves, businesses may review security footage.

What happens if you steal from Walmart and they let you go? ›

In some cases, you will be banned for a day and other cases you can be banned for life. While Walmart is a large chain store, you are likely going to be able to enter another Walmart without a problem. With that being said, you are also facing a risk when entering other stores after being banned.

What should you not do when shoplifting? ›

Things to Avoid Doing When Accused of Shoplifting
  1. Don't attempt to pay for the item after the fact. ...
  2. Don't provide any personal information to store employees. ...
  3. Don't make any statements to store employees, managers, or security guards. ...
  4. Don't sign any documents at the store.

How do you beat a shoplifting charge at Walmart? ›

If you complete the pretrial diversion program successfully, the theft charges against you will be dismissed entirely. Then, once two years have passed, you can request that the charges be expunged from your record.

Do stores track shoplifting? ›

Most stores these days have surveillance cameras to track and record the behavior of shoplifters. Shoplifters don't know if someone is watching from a distance possibly using multiple cameras, high-powered binoculars, and recording their criminal acts.

How do stores detect stolen items? ›

Besides a transmitter and receiver in the doorway, every item in the store has a concealed RF tag for theft detectors. It's used in 2 widely used EAS systems: Acousto Magnetic (AM) and radio frequency (RF). The main difference is the type of frequency they use (measured in Hertz).

What percent of shoplifters get caught? ›

A good moment to stop shoplifters is as they leave the department or the store. However, only 5 to 10 percent of shoplifters are caught. Of those caught, only some are reported to the police and fewer are sentenced (usually to a fine).

How long does a shoplifting record last? ›

Since 2006, the police retain details of all recordable offences until you reach 100 years of age. Your conviction will always show on your police records but the conviction may not show on your criminal record check that is used for employment vetting purposes.

How much money is lost a year from shoplifting? ›

In its most recent Annual Retail Theft Survey, Hayes International estimated that retailers lose $15-20 billion each year to shoplifters. The average loss in 2021 was $1,178.57 per incident, an increase of 26.6% from 2020.

What happens if you don't scan an item at self-checkout? ›

Store employees might interpret a customer's honest mistake as an attempt to steal property. As a result, someone who accidentally forgot to scan an item could end up facing arrest for shoplifting. In some cases, especially those involving repeated thefts, shoplifters may receive felony charges.

What is accidental shoplifting? ›

Accidental shoplifting does not apply to people who intended to steal something but use the “accidental excuse” once they are caught. Instead, it refers to those people who truly made a mistake, forgot to pay for the items, and who did not have the intent to deprive the store owner of that merchandise.

Can you keep something you bought that you later found out was stolen? ›

What Happens if You Knowingly Bought Stolen Property? It is a crime in California to knowingly possess stolen property. Failure to notify law enforcement or locate the rightful owner of stolen property can result in you facing charges.

Can you get in trouble for returning a used item? ›

Can you be arrested for returning a used item of clothing to a store? The short answer is – yes, it is possible.

How long does it take police to investigate shoplifting? ›

Most Shoplifting Cases Are Resolved in Sixty to Ninety Days

The attorney asks the store, if they have their own attorney, to provide the discovery, and makes an appointment to see the video and any written statements that have been made. That may take a few weeks.

What do police do about shoplifting? ›

Ultimately, a person caught shoplifting may be arrested and put on trial. A shoplifting conviction will result in a criminal record and a sentence. A police caution may be given as an alternative to prosecution. If accepted, this caution still comes with a criminal record.

How do you defend yourself when accused of stealing? ›

5 Steps To Take if You're Wrongfully Accused of Theft
  1. Step 1: Remain Calm. You may already be panicking, but try to stay calm. ...
  2. Step 2: Look for Evidence. ...
  3. Step 3: Understand Your Rights. ...
  4. Step 4: Don't Talk. ...
  5. Step 5: Work With a Lawyer.
Sep 7, 2021

How often do most shoplifters report being caught? ›

A good moment to stop shoplifters is as they leave the department or the store. However, only 5 to 10 percent of shoplifters are caught.

How much does the average shoplifter steal? ›

In its most recent Annual Retail Theft Survey, Hayes International estimated that retailers lose $15-20 billion each year to shoplifters. The average loss in 2021 was $1,178.57 per incident, an increase of 26.6% from 2020.

Do shoplifters feel guilty? ›

Guilt: One of the Harshest Consequences of Shoplifting

They brazenly walk onto your property with a premeditated plan to break the law and victimize your organization. In fact, many of them will profess in great detail how little remorse they feel after apprehension.

How do stores know you stole something? ›

You asked, “How would a store know if I stole something from them, assuming I already left the store?” Most stores these days have high definition SECURITY CAMERAS filming all day long, and the larger stores have 'theft prevention' employees dedicated to watching those films (or suspicious customers).

Why doesn t Target stop shoplifters? ›

If a shopper is suspected of shoplifting inside of a Target store, the company's policy technically only allows Assets Protection workers to hinder suspects from exiting the store while they call law enforcement. If police officers are called onto the scene, they can legally detain the suspect.

How do police deal with shoplifters? ›

Ultimately, a person caught shoplifting may be arrested and put on trial. A shoplifting conviction will result in a criminal record and a sentence. A police caution may be given as an alternative to prosecution. If accepted, this caution still comes with a criminal record.

What happens if you steal something small? ›

Petty theft is a misdemeanor that calls for up to six months in jail and a fine of up to $1,000. Shoplifting is a misdemeanor that calls for up to six months in jail and a fine of up to $1,000. Grand theft classified as a misdemeanor calls for a sentence of up to one year in jail and a fine of up to $1,000.

How do you tell if you're being set up by police? ›

You are visited or contacted by the police – The most common way to tell if the police are investigating you is if they confront you personally. You may find police showing up at your home, place of work, or reaching out to you by phone to ask questions about a criminal case.

How long do the police have to charge you? ›

There is no general time limit for how long a police investigation can stay open in England and Wales. For summary only offences, which are heard in the Magistrates' Court, the case must be heard within twelve months of the crime.

How do you clear your criminal record? ›

You can apply to have your criminal record expunged when:
  1. a period of 10 years has passed after the date of the conviction for that offence.
  2. you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.
  3. the sentence was corporal punishment.

Can you check your criminal record? ›

The easiest and cheapest way to find out your criminal record is to apply for a copy of your police records from the Police. You're entitled to exercise your rights to obtain information that is held about you under the Data Protection Act 1998. This process is known as a Subject Access Request.

How do I know if I have unspent convictions? ›

If you're still in your rehabilitation period following a criminal conviction, your conviction is unspent. Any custodial sentence over two and a half years stays unspent. If you were found guilty of a criminal offence by a court, following the specified time-period, your conviction will be considered “spent”.

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