Don’t sign any papers about the shoplifting
5 Don’t sign anything regardless of what it is or what they say. They cannot force you to sign anything.
6 Demand a lawyer, if they question you. If they ask why you need one if didn’t do anything wrong. Do not answer that question or argue with them. Just repeat your request for a lawyer. You have no obligation to tell them why.
7 Demand they let you go immediately. If they keep you in an office refusing to let you leave, renew your demand for a lawyer.
8 Do not answer any of their questions. Thus if they refuse to release you, continue to demand they let you do and and continue to demand a lawyer.
9 Never talk to the manager or loss prevention people. They will lie and tell you the evidence against you is conclusive and you might as well admit to shoplifting. This is a trick. Don’t be fooled. If the evidence is conclusive, they don’t need you to admit anything.
10 The store manager will tell you never to return. Therefore, take this warning to heart. Because if you get caught in the store again, you will get arrested for criminal trespass and face a jail sentence.
You may or may not get arrested for shoplifting
The police officer will not likely ask you what happened. But if he does you should refuse to answer and ask for a lawyer.
If the amount they claim you took is less than $100, a police officer will arrive and give you a ticket or citation. The ticket will order you to appear in court at a later date.
If the amount is more than $100, a police officer will arrest you and take you to jail where you will need to bond out.
WHAT SHOULD YOU DO IF YOU ARE CAUGHT SHOPLIFTING?
So how should you react to a shoplifting accusation or charge? Theft is a broad area of both civil and criminal law, and the severity of the crime or infraction largely depends on factors such as the value of the item(s) you are charged with stealing and the location from which they were allegedly stolen. Keep in mind that whether you receive a simple citation with a court date or are formally arrested, there is now a legal charge against you that you must address.
Even if you walk away from the incident with a minor shoplifting ticket, securing legal counsel is crucial. An attorney can accompany you on a court date, inform you of your options, investigate plea deals, negotiate fines, and even help protect your criminal record. For more serious theft-related offenses in which you are detained, cooperate with those who stopped you, but remember that you are under no requirement to answer their questions or sign any type of report. After you are arrested, your first call should always be to your criminal defense lawyer.
Don’t forget that when facing a shoplifting accusation or any other type of theft charge or violation you are presumed innocent until proven guilty, and that the burden of proof is on the prosecution to convince a judge or jury of your guilt. This means that it is almost always in your interest to consult a lawyer if you are caught shoplifting, and ultimately, fight the charges against you. You have a constitutional right to defend yourself and to do so with professional guidance from a defense attorney.
CHARGES FOR SHOPLIFTING IN TEXAS
Depending on the value of the property allegedly shoplifted and your own history, you may be charged with any of a wide range of misdemeanors or felonies, each of which carries its own penalties:
- Class C misdemeanor – For shoplifting less than $50 worth of property or services; the penalty is a maximum fine of $500
- Class B misdemeanor – For shoplifting less than $50 worth of property or services when you have a prior theft conviction; the penalties are up to 180 days in jail and a maximum fine of $2000
- Class B misdemeanor – For shoplifting $50 to $500 worth of property or services; the penalties are up to 180 days in jail and a maximum fine of $2000
- Class A misdemeanor – For shoplifting $500 to $1500 worth of property or services; the penalties are up to one year in jail and a maximum fine of $4000
- State jail felony – For shoplifting/stealing $1500 to $20,000 worth of property or services or theft of a firearm; the penalties are a minimum of 180 days and a maximum of two years’ incarceration and a maximum fine of $10,000
- Third degree felony – For shoplifting/stealing $20,000 to $100,000 worth of property or services; the penalties are a minimum of two years and a maximum of 10 years’ incarceration and a maximum fine of $10,000
- Second degree felony – For shoplifting/stealing $100,000 to $200,000 worth of property or services; the penalties are a minimum of two years and a maximum of 20 years’ incarceration and a maximum fine of $10,000
- First degree felony – For shoplifting/stealing $200,000 worth of property or services; the penalties are a minimum of five years and a maximum of 99 years’ incarceration and a maximum fine of $10,000
Consult a criminal defense lawyer if you’ve been caught shoplifting
When you need legal advice following a shoplifting charge in Texas, reach out to attorney Andrew J. Williams for help. To learn more about our legal services, contact us online or call 281-358-9111 today.
By Andrew J. Williams, Board-certified criminal defense lawyer
