If I was arrested for shoplifting how can I get my case dismissed and my theft arrest sealed and hidden from the public?
I’ve had dozens of clients to which I served as their legal representation for shoplifting cases and employee thefts from large stores such as K-Mart, Wal-Mart, Dillard’s, Macy’s, Sam’s and Costco. Many of these shoplifting cases were dismissed via deferred adjudication or pre-trial intervention.
Deferred adjudication and pre-trial intervention are fancy terms for what is essentially community supervision/probation.
The court will withhold a finding of guilt pending your successful completion of the probation terms. In most cases the court will require you to take an anti-theft class, preform community service, pay a fine, court costs, and the probation department fees for a period of one year after which your case will be dismissed.
Successful termination of your deferred adjudication enables you to partially erase your record via a certificate of non-disclosure.
Your attorney will be required to pay a filing fee of approximately $225 dollars and file a petition for a certificate of non-disclosure, a hearing will be set and if the Harris County District Attorneys Office and the judge agree, your record will be closed to public viewing, but probably not to a criminal history arrest record search conducted over the internet.
Penalties for Shoplifting in Texas
Shoplifting, the act of unlawfully taking merchandise from a store without paying for it, carries significant penalties in the state of Texas. The Texas Penal Code defines different levels of shoplifting offenses, ranging from misdemeanors to felonies, depending on the value of the stolen property. If you find yourself facing charges of shoplifting, it is crucial to understand the potential consequences you may encounter.
Here is an overview of the penalties associated with shoplifting in Texas:
- Class C Misdemeanor: If the value of the property taken is under $100, shoplifting is considered a Class C misdemeanor. Convictions for this offense can result in a fine of up to $500.
- Class B Misdemeanor: Shoplifting becomes a Class B misdemeanor if the value of the stolen goods exceeds $100 but remains below $750. In addition to a potential fine of up to $2,000, a conviction may carry a jail term of up to 180 days.
- Class A Misdemeanor: When the value of the property taken ranges from $750 to less than $2,500, shoplifting is elevated to a Class A misdemeanor. Punishments for this offense may include a fine of up to $4,000 and up to 180 days in jail.
- State Jail Felony: If the value of the stolen property exceeds $2,500 but falls below $30,000, shoplifting is classified as a state jail felony. Individuals convicted of this offense face a fine of up to $10,000 and a potential prison sentence ranging from 180 days to two years.
- Third Degree Felony: Shoplifting becomes a Third Degree felony if the value of the stolen items is more than $30,000 but less than $150,000. A conviction for this offense carries a fine of up to $10,000 and a prison term of two to ten years.
- Second Degree Felony: When the property value taken exceeds $150,000 or is less than $300,000, shoplifting is considered a Second Degree felony. Penalties for this offense include a fine of up to $10,000 and a prison sentence of two to twenty years.
- First Degree Felony: Shoplifting becomes a First Degree felony when the property value taken exceeds $300,000. Individuals convicted of this offense face a fine of up to $10,000 and a prison term ranging from five to ninety-nine years.
It is important to note that these penalties are not set in stone, and they may vary depending on the circumstances of the case and any previous criminal history. Additionally, charges and penalties can be determined based on the total value of all the items stolen during the incident.
In shoplifting cases, the accused may also be held civilly liable, potentially facing financial damages and the responsibility to pay for legal representation. Seeking the guidance of an experienced criminal defense lawyer is crucial to ensure your rights are protected and to mount an effective defense.
Remember, shoplifting is a serious offense in Texas, and its consequences can have a long-lasting impact on your personal and professional life. It is always best to respect the law, make informed choices, and seek legal advice if you find yourself facing allegations of shoplifting or any other criminal offense.
Legal Defenses for Shoplifting in Texas – Pre-Trial Intervention
A pre-trial intervention is the best way to go when sealing your record from the public because it will also be closed to law enforcement.
Deferred adjudications are easier to get approved because you don’t have to have a spotless record to be considered as you do with a pre-trial intervention. Essentially any history of a prior contact with law enforcement will dis-qualify you for consideration of this coveted honor.
A pre-trial intervention will seal your arrest record from public viewing, the internet, as well as access by law enforcement.
Will you be able to declare on applications for employment, school, governmental or bonding considerations that you have never been arrested, convicted or charged with a crime before?
Yes and no
With a certificate of non-disclosure, in most circumstances, you will have to fess up, not so with pre-trial intervention – you will be entitled to legally say without threat of retaliation or prosecution for perjury that you have never been arrested or charged with a crime.
To be considered for pre-trial intervention your attorney must submit a packet containing letters attesting to your good character, a drug test record, a letter that explains why, and accepting responsibility, for the crime charged and employment and/or school records.
The process is meticulous and you’ll need an experienced criminal defense attorney that knows the quirks of the court you’re in as well as the Harris County District Attorneys Office.
An inexperienced attorney I know had his clients application rejected simply because the accused had no ambitions in life other than her honorable role as a mother and housewife. If the attorney’s client had professed an eventual interest in returning to school to complete her nursing degree she would not have been turned down for consideration.
For more information on the aforementioned, and other methods of handling shoplifting cases, call our law office at 713-228-4607 or click here.
Accused of Shoplifting? Call the Attorneys at Jack B. Carroll & Associates
The Houston criminal defense attorneys at Jack B. Carroll & Associates can help you fight your shoplifting charge and work to seal your criminal record.
Call our law office at 713-228-4607 or click here.