Attorney Jack B. Carroll Fights Shoplifting Cases

As a result of my handling of the case, I learned a lot about in-house department store security due to the extensive discovery and lengthy depositions in this case.

Dillard’s was using off-duty Houston Police Officers (HPD) for their in-store security, (bad idea because some officers take a back alley attitude to a theft/shoplifting investigation.) Moreover, I know that some of the people accused of shoplifting/theft simply got distracted and walked out of the store unintentionally without paying.

Some department stores like Macy’s, K-Mart, Wal-Mart, Neiman Marcus, and Target use in-house private security guards. Many of these security guards change jobs frequently, are inexperienced, make mistakes, and are ripe for cross-examination. Many of these guards are unavailable for trial and are no longer employed at the store by the time court dates roll around.

Prosecutors who are preparing for trial often have a hard time finding these in-house security employees. I’ve won many theft/shoplifting trials that at first glance seemed unwinnable, simply because the guard could not be located.

There are many ways of avoiding a trial and still getting a dismissal, and ( if you are eligible) sealing your criminal record;

1. Pre-Trial Diversion
2. Special Expense
3. Deferred Adjudication

Yet I’ve seen these opportunities go out the window due to lack of attention (client preparation) or inexperience of the defense lawyer. Be sure you know the lawyer knows what he’s doing. The Chief Prosecutor of the court you are in has considerable leeway in deciding whether or not to give a person accused of shoplifting/theft a second chance.

(Please see the Harris County Community Supervision and Correction Department)

A Crime of Moral Turpitude

Shoplifting or theft in Texas is considered a crime of moral turpitude, and if not handled correctly can have adverse effects on your reputation, job, credit, apt locating, etc, for the rest of your life.

Many times the value and aggregation of the amounts involved in a theft case are exaggerated, and restitution requirements are inflated. You could be told you owe restitution for something twice the value of what you are accused of taking. It’s important to have an experienced shoplifting attorney who can recognize these issues.

If you were charged with theft, shoplifting, burglary, theft of service, robbery of trade secrets, theft by check, or unauthorized use of a motor vehicle, even if you think your case is hopeless, call me.