Kroger is one of the largest supermarket chains in the United States with 2719 stores in 35 states. In the Houston area alone, there are at least 35 Kroger stores. In Harris County, many shoplifting arrests are made at Kroger. But what kind of policy does Kroger have against shoplifters? What can you expect if you have been arrested for shoplifting at Kroger? Is it possible to keep a shoplifting charge off of your record?
What is Kroger’s Shoplifting Policy?
Although Kroger’s full shoplifting policy is not available online, multiple sources state that Kroger takes an aggressive stance against shoplifting and will prosecute all thefts. According to one published case, “it is Kroger’s policy to always call the police” to arrest a shoplifting suspect.
Like all major retailers, Kroger has a dedicated loss-prevention staff to prevent and identify shoplifting. But according to some reports, Kroger is also implementing artificial intelligence technology to stop shoplifters. According to some reports, Kroger is partnering with a company called Alto which allows employees to report theft using an app that adds shoplifting suspects to a database so that shoplifting incidents can be tracked and reported to the police.
What kind of charge would I face for shoplifting at Kroger in Texas?
In Texas, shoplifting is considered to be a form of theft (there is no criminal offense specifically called “shoplifting”). The seriousness of a theft charge will depend on the value of the items “appropriated,” which can include any physical manipulation of the item with intent to steal. In Texas, a theft charge can be filed even if a person did not leave a store (for example, if the person was caught switching price tags). In Houston, almost all shoplifting arrests are filed as misdemeanors although it is possible to face a felony shoplifting charge. The punishment ranges for theft/shoplifting are as follows:
- Theft is considered a Class C Misdemeanor if the value of the property stolen is worth $100 or less and is punishable by a fine up to $500.
- Theft is considered a Class B Misdemeanor if the value of the property stolen is more than $100 but less than $750 and is punishable by up to 180 days in jail and/or a fine up to $2,000.
- Theft is considered a Class A Misdemeanor if the value of the property stolen is $750 or more but less than $2,500 and is punishable by up to 180 days in jail and/or a fine up to $4,000.
- Theft is considered a State Jail Felony if the value of the property stolen is $2,500 or more but less than $30,000 and is punishable by 180 days to two years in state jail and/or a fine up to $10,000.
What happens if you are arrested shoplifting at Kroger in Houston?
If you are suspected of shoplifting at Kroger – or most other major retailers – you will typically be detained by loss prevention personnel. Under Texas law, loss prevention agents have a “shopkeeper’s privilege” which permits the “reasonable” detention of anyone suspected of stealing. In most cases, this means that a person suspected of shoplifting will be detained and held in a security room until the police arrive.
Whether or not you are taken to jail will usually depend on the value of the items you are accused of stealing. If the value is under $100, police will typically issue a citation and a future court date at a municipal court. If the value is over $100, then you will be arrested and taken to downtown Houston where you will be processed and bonded out of jail. Most people arrested for a first-time shoplifting offense will be granted a free bond (also known as a “PR” bond) and given a court date to appear in the next week or so.
Shoplifting cases in the Houston area typically take at least 3 months to resolve so you should not expect your case to be decided at your first court date. Of course, it is very important that you appear at your first court date on a shoplifting charge or a warrant could be issued for your arrest.
How can you keep a shoplifting arrest off of your record?
If you have been arrested for shoplifting there are several strategies to keep an arrest off of your record. Undoubtedly, the goal of a shoplifting arrest should be to get your case dismissed (or be acquitted at trial), so you can put the arrest behind you and clear your name.
In order to keep a shoplifting arrest off of your record, your criminal defense lawyer should first challenge the evidence. It is important to understand that in order to convict a person of any theft, the State must prove that a person acted intentionally. If the evidence shows that a person left a store with an items by mistake, then it may be possible to obtain a dismissal of the charges. Most defenses in shoplifting cases are based on a lack of intent to steal.
Even if it appears that prosecutors have enough evidence to charge you with shoplifting it is often possible for a criminal defense lawyer to negotiate the dismissal of the charges, particularly if you have limited criminal history. In the Houston area, some District Attorney’s offices offer programs known as pre-trial diversions that may allow a person charged with shoplifting to have their case dismissed if certain conditions are met.
If you have been arrested for shoplifting at Kroger – or anywhere – an experienced criminal defense attorney can help guide you through the process and maximize your chances of keeping a theft charge off of your record. Ceja Law Firm regularly obtains dismissals for people charged with shoplifting throughout the Houston area. If you have been arrested for shoplifting, call Ceja Law Firm today.
