Shoplifting – known as theft under Texas law – is a charged every day in Houston. Most shoplifting cases filed in the Houston area are Class “B” or Class “C” misdemeanors, but due to the stigma attached to stealing, in many ways shoplifting cases can be more serious than some felonies due to the stain they can potentially leave on a person’s record. If you are charged with shoplifting, the goal is to protect your record so that a shoplifting arrest does not have a permanent impact on your freedom, reputation or livelihood. It is possible to keep a shoplifting charge off of your record and an experienced shoplifting attorney can help.
What are the Penalties for Shoplifting in Texas?
Technically, there is no offense known as “shoplifting” in Texas. Under Texas Penal Code 31.03, shoplifting is charged as theft (lawyers often refer to “shoplifting” as a specific type of theft). A shoplifting charge may be filed if prosecutors can prove that a person exercised control over an item with the intent to deprive the owner of the property. Other than simply leaving a store with an item without paying for it this can include other acts like changing tags on items with the intent to steal or concealing items with the intent to steal, even if a person did not leave the store.
The level of offense and the potential punishment for a shoplifting charge is determined by the value of the items taken. In Texas, a shoplifting charge can range from a Class “C” misdemeanor (punishable by fine only) to a felony.
When is shoplifting charged as a misdemeanor?
As noted above, most shoplifting cases filed in the Houston area are misdemeanors due the value of the items taken. The punishment ranges for misdemeanor shoplifting cases are:
-Theft of merchandise valued at less than $100 is a Class C misdemeanor. The punishment for a Class C misdemeanor is a fine of up to $500.
-Theft of merchandise valued between $100 and $750 is a Class B misdemeanor. The punishment for a Class B misdemeanor is a fine of up to $2,000 and up to 180 days in jail.
-Theft of merchandise valued between $750 and $2,500 is a Class A misdemeanor. The punishment for a Class A misdemeanor is a fine of up to $4,000 and up to one year in jail.
When is shoplifting charged as a felony?
When the value of the items that a person allegedly stole (or attempted to steal by exercising control over) is above $4000, shoplifting can be charged as a felony. It is rare for a shoplifting case to be charged as a felony due to the fact that most shoplifting cases do not involve high value items (most felony theft cases involve other types of theft). The sentencing range for felony shoplifting cases is:
-Theft of merchandise valued between $2,500 and $30,000 is a state jail felony. The punishment for a state jail felony is a fine of up to $10,000 and between 180 days to 2 years in jail.
-Theft of merchandise valued between $30,000 and $150,000 is a felony in the third degree. The punishment for a felony in the third degree is a fine of up to $10,000 and between 2 and 10 years in prison.
-Theft of merchandise valued between $150,000 and $300,000 is a felony in the second degree. The punishment for a felony in the second degree is a fine of up to $10,000 and between 2 and 20 years in prison.
-Theft of merchandise valued over $300,000 is a felony in the first degree. The punishment for a felony in the first degree is a fine of up to $10,000 and between 5 and 99 years in prison.
What are the other consequences of a shoplifting arrest?
Apart from the direct legal consequences a person faces, a shoplifting arrest can be problematic in other ways. The most obvious “secondary” consequence of a shoplifting arrest or conviction is difficulty in finding employment. From an employer’s perspective, there are few things less desirable than hiring a person who has a record for stealing. For most people, this is the most important reason why it is critical to keep a shoplifting arrest off of your record.
If you have been arrested or convicted for shoplifting, it can also be difficult to obtain housing. For example, apartment complexes regularly run criminal background checks on potential tenants and may disqualify applicants who have criminal records, including shoplifting convictions. You may also be disqualified from certain scholarships or forms of financial aid due to a shoplifting arrest or conviction.
What happens if you get arrested for shoplifting in Houston?
If you are arrested for shoplifting in Houston, what will happen immediately after you have been detained will depend on the value of the items allegedly shoplifted. If the value of the merchandise is less than $100 you will be charged with Class “C” theft and you will likely be cited, released and given a future court date at a municipal court.
If the value of the merchandise taken is $100 or more, you will normally be arrested and taken to jail since the case will be handled by a county court or District Court. In Houston, that typically means that a person will be taken downtown and processed at the Joint Processing Center at 700 N. San Jacinto. In Houston, many shoplifting defendants will be granted a free bond, released and given a court date, typically within a week or so.
What happens at my first court appearance on a shoplifting charge in Houston?
Nothing will be decided at your first court date and you should not be anxious about your first court appearance. You will not have to make a statement or address the allegation and it is assumed that you are pleading “not guilty.”
Shoplifting cases take several months to resolve. At your first appearance on a shoplifting case in Houston, the judge will typically issue or review your bond conditions, which are rules that you must follow as a condition of being free on bond while your case is decided. It is preferable to have an attorney with you at your first court date so your attorney can advocate on your behalf if the judge issues overly restrictive bond conditions. Additionally, if you have an attorney at your first court date, the court may waive your appearance at future court dates so you do not have to miss work. However, nothing bad will happen if you do not bring an attorney to your first court appearance on a shoplifting charge.
How much is bail in a shoplifting case in Houston?
The amount of bail in a shoplifting case will vary. As noted above, if you are arrested for Class “B” or higher shoplifting, you will typically be arrested and processed at the Harris County Jail. Most first-time shoplifting defendants will receive a free bond (known as a PR or personal recognizance bond) and given a court date to appear.
If a defendant has significant criminal history or was on bond for another criminal case, it is possible that a free bond will not be granted and that bail must be paid. The amount of bail that must be can vary but it is typically less than $5000 (and usually in the $500-1000 range). There are two options to post a bond: use a bail bondsman or pay the cash yourself.
A bail bond company will pay the entire amount of the bond for a fee (typically 10%). As a condition of posting bond, they will sometimes also require that defendant periodically “check in” with them. Rather than use a bail bondsman, some defendants opt to pay the entire bail amount themselves. The advantage of paying bail yourself is that you get the entire amount back at the end of the case (the 10% fee charged by bail bondsman is non-refundable) and you do not have to worry about complying with the rules of the bail bondsman. In Harris County, bond can be posted in a shoplifting case at 700 N San Jacinto in downtown Houston.
Can you be charged with shoplifting if you didn’t leave the store?
Due to the way theft is defined in Texas, it is possible to be charged with shoplifting even if you did not leave the store. As noted above, a person commits the offense of theft if he unlawfully “appropriates” the property of another with intent to deprive the owner of the property. There is no requirement that a person leave a store before being charged with shoplifting.
In Texas, the theft statute has been interpreted to mean that any handling of an item, with an intent to steal, could meet the statutory definition of theft. This could include changing or altering a barcode or concealing an item, without leaving the store, as long as either act is done with the intent to steal.
Of course, whether prosecutors have enough evidence to charge you with theft if you did not leave the store will depend on the facts and circumstances of your case. Forgetting to scan a single low-value item may be weak evidence of intent to steal. However, swapping bar codes may be stronger proof of intent to steal in some instances.
Is it legal for store security to detain you in a shoplifting case in Texas?
In most shoplifting cases, loss prevention officers will detain a person suspected of shoplifting and take them to a room to wait for the police. Under Texas Civil Practice and Remedies Code 124.001, store owners are granted a “shopkeeper’s privilege” to detain a customer to investigate a suspected shoplifting incident. According to Texas courts, stores are permitted to detain a customer in a “reasonable” manner and period of time if the employee has a good-faith belief that the customer has stolen or is attempting to steal store merchandise.
How can you get a shoplifting charge dismissed in Houston?
There are many ways to get a shoplifting case dismissed in Houston. A shoplifting defense lawyer should have a clear strategy for maximizing your chances of keeping a shoplifting charge off of your record. In general, any defense of a criminal charge should begin with challenging the facts of the case or arguing that some portion of the arrest was illegal and that evidence should not be permitted in court (for example, if you were under arrest and there was an interrogation without Miranda warnings).
To be able to evaluate the facts of a case, a defense attorney must first obtain the evidence. In Texas, prosecutors are legally obligated to provide the defense with any evidence that is in their possession. In a shoplifting case, the evidence typically includes police reports, witness statements and videos. The process of obtaining the evidence in a shoplifting case can take several months in the Houston area.
The most common defense in a shoplifting case is that a person did not intend to steal. In Texas, the theft statute requires that a person act “with intent to deprive the owner of the property.” This means that a person cannot be convicted of shoplifting if they accidentally took an item from a store, or left with an item believing that they had purchased it.
Even if it appears that prosecutors can prove the elements of theft, it is frequently possible for a defense lawyer to negotiate a dismissal of the charges. In Harris County, the District Attorney’s Office offers a program known as the Retail Theft Intervention Program (RTIP) that offers a dismissal to defendants with minimal criminal history who are accused of shoplifting. This program may be a good option for many defendants although a defense attorney should always work to challenge the facts before accepting any program.
How do I expunge a shoplifting arrest from my record?
An experienced criminal defense attorney can help you expunge your case if you are eligible. In Texas, an expunction is the best possible result in a shoplifting case as an expunction results in records relating to the arrest being physically destroyed. Once a shoplifting case is expunged, the person who was arrested can even legally deny the arrest in most instances (for example, in a job or housing application).
It is very important to remember that a person charged with shoplifting is typically only eligible for an expunction if the case is dismissed, or if the person is found “not guilty” at trial. Any kind of probation or guilty plea, regardless of the sentence, would result in a person not being eligible for an expunction (the only exception is that a Class “C” deferred may be eligible for an expunction if completed successfully). One important job of a shoplifting defense lawyer is to advise you regarding the consequences of a plea and the options for removing a shoplifting arrest off of your record. The goal of a shoplifting arrest should always be to eventually obtain an expunction of the charge.
Is deferred adjudication a good option in a shoplifting case?
Deferred adjudication is typically not the best result in a shoplifting case. In Texas, a deferred adjudication probation is frequently offered in shoplifting cases. A deferred adjudication is a type of probation where a judge puts off or “defers” making a finding of guilt until you complete the term of probation. This means that a person who successfully completes a deferred adjudication for shoplifting will not have a permanent conviction on their record.
It is important to consult with an experienced shoplifting defense attorney before accepting any plea agreement. However, it is important to understand that a shoplifting case cannot be expunged if you complete a deferred adjudication probation unless the probation was for a Class “C” misdemeanor. If you successfully complete a deferred adjudication probation for something more serious than a Class “C” deferred, you may be eligible to have your records sealed.
What are the civil penalties for shoplifting? Do I have to pay demands for money from retailers?
If you have been arrested for shoplifting at a large retailer, it is likely that you will receive a civil demand letter asking you to pay money to the store (or a third-party collection agency or law firm). Most attorneys advise their clients to ignore these letters as these companies have no legal recourse to collect this money and many of the lawyers that send these letters are not even licensed to practice law in Texas. Whether or not you pay a civil demand will have no effect on your criminal shoplifting case.
Can I pay restitution to get out of a shoplifting charge?
Unfortunately, paying restitution will not cause a shoplifting case to be dismissed. Although there are several ways that a criminal defense lawyer can help to obtain a dismissal in a shoplifting case, paying restitution will not typically result in the dismissal of the case. As noted above, it is possible that a retailer will send you a letter demanding that you pay money, but in most cases, these letters are not enforceable and paying the money they ask for will not result in your case being dismissed.
With the high stakes and potential impact of a shoplifting arrest, it is critical to consult with an experienced shoplifting defense attorney if you have been charged with theft. Attorney Jose Ceja is a former prosecutor who obtains excellent results for clients charged with shoplifting throughout the Greater Houston area. Call Ceja Law Firm today for a free consultation.
