Managing Attorney
If you’ve been accused of shoplifting in Houston for the first time, it’s completely normal to feel overwhelmed. Whether you received a citation or were arrested, the first thing to understand is this: there is no separate offense called “shoplifting” under Texas law. Instead, these cases are prosecuted under the general Texas theft statute, which covers a wide range of conduct — including what most people think of as shoplifting.
Below is an overview of how Texas handles shoplifting accusations, what you can expect at your first court date in Houston, and how a qualified Houston shoplifting defense lawyer can help.
No “Shoplifting” Charge — Just Theft
Under Texas Penal Code §31.03, a person commits theft if they “unlawfully appropriate property with intent to deprive the owner of it.” That includes walking out of a store with unpaid items, concealing merchandise, or altering price tags — even if the value is low.
Here’s how theft is typically charged, based on the value of the property:
| Value of Items | Charge | Max Penalty |
| Under $100 | Class C Misdemeanor | Fine up to $500 (ticket only) |
| $100–$749 | Class B Misdemeanor | Up to 180 days in jail, $2,000 fine |
| $750–$2,499 | Class A Misdemeanor | Up to 1 year in jail, $4,000 fine |
| $2,500+ | Felony (various levels) | Possible state jail or prison time |
In Houston, most first-time shoplifting cases involve amounts under $750 and are charged as misdemeanors. However, prior convictions can enhance the charge to a higher level.
Can You Be Charged Without Leaving the Store?
Yes — you can be charged with theft even if you never walked out the door. In Texas, it’s the intent to steal that matters. Store security may detain a person if they believe merchandise was concealed or tampered with in a way that shows intent to avoid paying.
For example, switching price tags or putting an item in a purse could lead to a charge, even if you were still inside the store. That’s why intent is usually the most important issue in defending these cases.
What to Expect at Your First Court Date in Houston
If you were arrested or cited in Houston for shoplifting, your first court appearance will likely be at a county criminal court or municipal court, depending on the charge level. At the first setting:
- You will have bond conditions set, such as avoiding the store or discussing the case with witnesses.
- The court may also order no new arrests or require check-ins with pretrial services.
- This is not your trial or plea date. You are not expected to have your case resolved at the first court setting.
Your attorney may not yet have access to the full evidence at the first setting — which is why the next step is so important.
Evidence Review is the First Step
The first priority for any shoplifting defense attorney in Houston is to obtain and review all of the evidence in the case. This typically includes:
- The offense report written by police or loss prevention
- Surveillance video from the store
- Witness statements, including security or employee reports
Only after reviewing this material can your lawyer begin to assess the strength of the case and develop a strategy for dismissal, reduction, or other resolution.
Common Defenses in Shoplifting Cases
Theft cases — especially shoplifting — often turn on intent, which the prosecution must prove beyond a reasonable doubt. Common defenses include:
- Lack of intent to steal (e.g., you forgot to pay, were distracted)
- Mistaken identity (especially in chaotic or poorly recorded incidents)
- Insufficient evidence (no clear video, unreliable witnesses)
- Unlawful detention or search by store employees or police
In many Houston shoplifting cases, especially those involving small-dollar amounts, the evidence may be weak or inconsistent. A good lawyer will challenge the case early and not assume the only option is a plea.
What About Pretrial Intervention?
In Harris County and surrounding areas, pretrial intervention (PTI) is often available for first-time offenders. A PTI is essentially a contract with the prosecutor: if you agree to certain conditions (like community service, classes, or avoiding new arrests), the case will be dismissed after a set period — often as long as 6 to 12 months.
A PTI can be an excellent option, especially for clients who want to avoid a conviction or who are concerned about immigration or employment consequences. However, a skilled shoplifting defense lawyer in Houston will first look to challenge the evidence before recommending PTI. In some cases, a dismissal can be obtained without entering into an agreement.
Can You Clear Your Record?
Yes — but only if you affirmatively seek an expunction. Just because your case was dismissed or you completed a PTI does not mean your record is automatically cleared. In Texas, an expunction of a shoplifting arrest is a separate legal process that removes all public records of your arrest and charges.
This is especially important for anyone concerned about background checks, professional licenses, or immigration issues. A lawyer can advise you on whether and when you qualify for expunction.
Final Thoughts
Being charged with shoplifting in Houston for the first time does not make you a criminal — and it doesn’t mean your case is hopeless. With the right defense strategy, many first-time theft cases can be dismissed, reduced, or resolved without a conviction.
At Ceja Law Firm, Board Certified criminal defense attorney Jose Ceja has handled thousands of theft and shoplifting cases in Houston. He knows how to challenge the evidence, negotiate with prosecutors, and protect your record. If you’ve been charged with shoplifting in Houston, don’t wait. Contact us today for a consultation and let us help you defend your future.
