What Happens If You Get Caught Shoplifting at Target?

Facing Shoplifting Charges at Target in Texas? Here’s What You Need to Know

If you’ve been caught shoplifting at Target in Texas, you’re likely experiencing a whirlwind of fear, confusion, and uncertainty about your future. The moment a loss prevention officer stops you, your world can feel like it’s crashing down. Target is renowned for its aggressive, sophisticated loss prevention strategies, and they routinely pursue criminal charges against shoplifters. At Attorney911, The Manginello Law Firm, PLLC, we’ve defended countless Texans against retail theft charges for over 25 years. We understand that a shoplifting accusation can feel like a legal emergency, threatening your reputation, employment, and freedom. That’s why we’re Legal Emergency Lawyers™—ready to answer your call at 1-888-ATTY-911 when you need immediate, expert criminal defense.

In this comprehensive guide, we’ll break down exactly what happens when Target catches a shoplifter, the specific Texas laws governing theft, the severe penalties you could face, and—most importantly—the proven legal strategies we use to get charges dismissed or reduced. With managing attorney Ralph Manginello’s quarter-century of courtroom experience and associate attorney Lupe Peña’s insider knowledge from years working for national defense firms, Attorney911 brings an unparalleled advantage to your defense. We don’t just react to charges; we build proactive defenses that anticipate the prosecution’s every move. If you’re in Houston, Austin, Beaumont, or anywhere across Texas, call us now at 1-888-ATTY-911 for a free, confidential case evaluation.

Target’s Aggressive Loss Prevention: What Happens the Moment You’re Stopped

Target Corporation invests millions annually in loss prevention, making it one of the most formidable retailers to face in a shoplifting case. Unlike many stores that may issue a warning or civil demand, Target operates with a zero-tolerance policy for prosecution. Their approach is systematic and designed to build an ironclad case against you.

Sophisticated Surveillance and Security Tactics

Target’s loss prevention doesn’t begin when you walk out the door. Their strategies are multi-layered:

• High-Resolution Video Surveillance: Target stores are equipped with extensive camera systems that track customers throughout the store. These systems often include facial recognition technology and can follow a suspected shoplifter’s entire path. Footage is stored digitally and can be enhanced to show specific actions.
• Plainclothes Loss Prevention Officers (LPOs): These trained professionals blend in with shoppers, observing behavior from a distance. They’re trained to establish all elements of theft under Texas law before making an apprehension.
• Uniformed Security at Exits: Visible security presence acts as both a deterrent and a final checkpoint.
• Electronic Article Surveillance (EAS) Tags: Many high-value items have sensors that trigger alarms if not deactivated at checkout.
• Point-of-Sale Monitoring: Target monitors self-checkout lanes for “skip scanning” or other theft methods.

When an LPO believes they have witnessed all elements of theft—appropriation of property with intent to deprive—they will stop you, usually just outside the store. They’ll identify themselves, request you return to a security office, and attempt to recover any unpaid merchandise. This detention is permitted under Texas law for a reasonable investigation, but it must be conducted properly. Any procedural mistakes by Target security can become a powerful defense argument.

The Immediate Aftermath: Trespass Orders and Police Involvement

Once Target confirms shoplifting, two things happen immediately:

1. Criminal Trespass Warning: Target will issue a formal “No Trespass” order, banning you from all Target properties. Violating this order is a separate Class B misdemeanor under Texas Penal Code §30.05, punishable by up to 180 days in jail and a $2,000 fine.
2. Police Notification: Target loss prevention doesn’t have arrest powers. They detain you until local police arrive. In Houston, Austin, Beaumont, and across Texas, police respond to these calls as a priority. The LPO will provide a sworn statement, video evidence, and the recovered merchandise. The police officer will then make the arrest decision based on probable cause.

At this critical juncture, everything you say can be used against you. Loss prevention officers are trained to obtain confessions. They may seem understanding or suggest that “cooperating will make things easier,” but their primary goal is to secure evidence for prosecution. As Ralph Manginello advises based on 25+ years of criminal defense: \”Exercise your right to remain silent immediately. Politely state, ‘I wish to remain silent and would like to speak with an attorney.’ This isn’t about being uncooperative; it’s about protecting your constitutional rights during a high-pressure situation where Target has already decided to prosecute.\”

Texas Shoplifting Laws: Understanding the Charges You Face

In Texas, shoplifting is prosecuted under the general theft statute, Texas Penal Code Section 31.03. The law states: \”A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.\” Appropriation is unlawful if it is without the owner’s effective consent. \”Intent to deprive\” means to withhold property permanently or for so long that the owner loses a substantial portion of its value.

Classification of Theft Offenses: It’s All About Value and History

Texas categorizes theft offenses primarily by the value of the merchandise, with enhancements for prior convictions. This classification determines whether you face misdemeanor or felony charges, with dramatically different consequences.

• Class C Misdemeanor: Property value less than $100, with NO prior theft convictions. Maximum penalty: $500 fine. No jail time. This is the only theft charge that cannot result in incarceration.
• Class B Misdemeanor: Property value between $100 and $750. OR property value less than $100 WITH one prior theft conviction. Penalties: Up to 180 days in jail and $2,000 fine.
• Class A Misdemeanor: Property value between $750 and $2,500. OR property value between $100-$750 WITH one prior theft conviction. Penalties: Up to 1 year in jail and $4,000 fine.
• State Jail Felony: Property value between $2,500 and $30,000. OR property value less than $2,500 WITH two prior theft convictions. Penalties: 180 days to 2 years in state jail and up to $10,000 fine.
• Third-Degree Felony: Property value between $30,000 and $150,000. Penalties: 2 to 10 years in prison and up to $10,000 fine.
• Second-Degree Felony: Property value between $150,000 and $300,000. Penalties: 2 to 20 years in prison and up to $10,000 fine.
• First-Degree Felony: Property value over $300,000. Penalties: 5 to 99 years or life in prison and up to $10,000 fine.

Important nuance: Texas applies \”aggregate\” valuation in shoplifting cases. If you took multiple items during one incident, their total value is combined. Additionally, prior convictions from any jurisdiction can enhance charges. That’s why having Attorney911 review your case immediately is crucial—we can challenge the prosecution’s valuation methods and examine the legality of any prior convictions they seek to use.

Beyond Fines and Jail: The Collateral Consequences of a Theft Conviction

A shoplifting conviction creates a criminal record that follows you for life, affecting:

• Employment: Most employers conduct background checks. A theft conviction can legally disqualify you from jobs in retail, finance, healthcare, education, and government.
• Professional Licensing: Nursing, law, real estate, cosmetology, and other licensed professions can deny or revoke licenses for \”crimes of moral turpitude\” like theft.
• Housing: Landlords routinely reject applicants with theft convictions.
• Education: College admissions and financial aid can be jeopardized.
• Immigration Status: Non-citizens face possible deportation, denial of naturalization, or inadmissibility for theft convictions.
• Civil Liability: Target can separately sue you for civil damages under Texas Civil Practice & Remedies Code §134.003, seeking the value of merchandise plus penalties up to $1,000.

As client Greg Garcia discovered when another attorney dropped his case, \”Attorney Manginello took my situation seriously when others wouldn’t.\” We fight to avoid these life-altering consequences entirely. Call 1-888-ATTY-911 to start building your defense today.

Proven Defense Strategies: How to Get Shoplifting Charges Dismissed

At Attorney911, we don’t just accept the charges as filed. We conduct an immediate, thorough investigation to identify weaknesses in the prosecution’s case. Our approach includes examining Target’s loss prevention procedures, challenging evidence, and leveraging Texas’s pretrial resolution programs.

Deferred Adjudication: Avoiding a Conviction Through Probation

For eligible defendants, particularly first-time offenders, deferred adjudication under Texas Code of Criminal Procedure Article 42A.101 can result in dismissal. Here’s how it works in Texas courts:

You plead \”guilty\” or \”no contest\” to the judge, but the judge does not enter a conviction. Instead, you’re placed on probation (community supervision) for a set period—typically 6 to 24 months for misdemeanors, longer for felonies. During this period, you must comply with specific conditions, which may include:

• Payment of court costs and fines
• Completion of an anti-theft class or cognitive behavioral therapy
• Community service hours (often 40-200 hours)
• Regular reporting to a probation officer
• Drug and alcohol evaluation and testing
• Restitution to Target
• No new criminal offenses

If you successfully complete all terms, the judge dismisses the case without a conviction. You can then file a Petition for Non-Disclosure to seal the records from public view (though law enforcement retains access).

However, deferred adjudication carries risk: if you violate probation terms, the judge can adjudicate guilt (enter a conviction) and impose the full range of punishment. That’s why having Attorney911 negotiate favorable terms and provide ongoing guidance is critical. As client Cassie Wright experienced, \”Ralph is an AMAZING ATTORNEY… He got me an OFF DOCKET DISMISSAL!\”

Pretrial Diversion: An Even Better Path to Dismissal and Expunction

Pretrial diversion (PTD) programs, offered by District Attorney offices across Texas (like Harris, Travis, and Jefferson Counties), provide a superior outcome for qualified applicants. Unlike deferred adjudication, you do NOT enter a plea. The DA essentially \”pauses\” the prosecution while you complete program requirements. Key advantages:

• No Guilty Plea: If you fail the program, the case simply resumes—no automatic conviction.
• Eligibility for Expunction: Successful PTD completion allows you to file for expunction under Texas Code of Criminal Procedure Chapter 55, which completely destroys records of the arrest and charge (with limited exceptions). This is the true \”clean slate.\”
• Shorter Duration: Programs often last 3-12 months.
• Customized Contracts: Requirements are negotiated between your attorney and the DA.

Admission isn’t automatic. DA offices consider factors like criminal history, the strength of evidence, and the defendant’s attitude. Having Attorney911 advocate for you dramatically improves acceptance odds. Our firm includes former insurance defense attorney Lupe Peña, who spent years negotiating with prosecutors and understands exactly what arguments persuade them. As Lupe notes, \”Prosecutors look for genuine remorse and rehabilitation potential. We help clients demonstrate both through carefully prepared applications and character references.\”

Challenging the Evidence: Weaknesses in Target’s Case

Even if you’re ineligible for diversion programs, we aggressively challenge the prosecution’s evidence. Common defense strategies include:

• Lack of Intent: Shoplifting requires intent to deprive. Did you simply forget to pay for an item? Were you distracted? We present evidence of innocent mental state.
• Mistaken Identity: Surveillance footage is often grainy. We retain forensic video experts to enhance and analyze footage.
• Procedural Errors: Did loss prevention fail to maintain continuous observation? Texas courts require observation from selection through concealment to exit. A break in observation creates reasonable doubt.
• Illegal Detention: If security detained you without probable cause or used excessive force, we file motions to suppress evidence.
• Valuation Disputes: We challenge the prosecution’s valuation evidence, sometimes reducing charges by entire offense levels.

Our track record speaks volumes. In one DWI case, Ralph Manginello secured dismissal because \”our client did not appear drunk in the video\” of field sobriety tests. This same meticulous evidence analysis applies to shoplifting cases. We leave no stone unturned.

Why Attorney911’s Criminal Defense Approach Is Different

When facing Target’s corporate-backed prosecution, you need more than a generic defense attorney. You need a firm with deep Texas courtroom experience, insider knowledge of how large organizations build cases, and a proven record of achieving dismissals.

Ralph Manginello’s 25+ Years of Texas Courtroom Authority

Managing attorney Ralph Manginello isn’t just another lawyer. Admitted to the Texas Bar in 1998, he brings over a quarter-century of dedicated practice in Houston and across Texas. His credentials include:

• Federal Court Admission: Admitted to the U.S. District Court, Southern District of Texas, handling complex federal litigation.
• BP Explosion Litigation: Our firm is one of the few in Texas involved in the massive BP Texas City explosion litigation, demonstrating our capability against billion-dollar corporate defendants—experience directly applicable to fighting Target’s legal team.
• HCCLA Membership: Membership in the Harris County Criminal Lawyers Association, an elite organization of top-tier defense attorneys.
• Texas Roots: Raised in Houston’s Memorial area, Ralph understands Texas courts, judges, and prosecutors intimately.

As client Jamin Marroquin testified, \”Mr. Manginello guided me through the whole process with great expertise…tenacious, accessible, and determined.\” This hands-on leadership means Ralph is personally involved in case strategy, not delegating to inexperienced associates.

Lupe Peña’s Insider Insurance & Corporate Defense Experience

Our firm’s unique advantage comes from associate attorney Lupe Peña, who spent years at a national defense firm representing large insurance companies and corporations. Lupe’s insider knowledge is now your advantage:

• He Knows How Corporations Build Cases: Lupe understands the exact protocols Target’s loss prevention follows, the documentation they prepare, and how they collaborate with prosecutors.
• He Understands Claim Valuation: Having calculated settlement values for defense clients, Lupe knows how prosecutors value cases for plea negotiations.
• He Anticipates Strategies: Lupe deployed the same tactics now used against you. We anticipate and counter them effectively.

This combination of Ralph’s trial-tested leadership and Lupe’s defense-side insight creates what clients like Ernest Cano call \”first class\” representation that \”will fight tooth and nail for you.\”

Our Documented Results in Criminal Defense

We don’t make empty promises. We deliver results:

• \”Our client was charged with drunk driving based on a breath test. Our investigation revealed that a police department employee was not properly maintaining the breathalyzer machines. The charges were dismissed.\”
• \”Our client drove home at 2:30 a.m., hit a curb and rolled his car, injuring a passenger. We learned that 1) police conducted no breath or blood test, 2) EMS didn’t note intoxication, 3) nurse notes from hospital were missing. Case dismissed on day of trial.\”
• \”Police found large quantity of illegal drugs in client’s home. Due to weaknesses we identified, we succeeded in arranging deferred adjudication… Prior to trial, he faced 5 to 99 years in jail.\”

These victories stem from relentless investigation and strategic thinking—the same approach we apply to every shoplifting case. As client Beth Bonds discovered, \”Ralph Manginello took his bogus case and had it dismissed within a WEEK! I have been trying for over 2 years.\”

Client-Centered Communication You Can Trust

Unlike \”settlement mills\” that treat you as a case number, we provide consistent, compassionate communication. Our 251+ Google reviews with a 4.9-star rating consistently praise our communication:

• Brian Butchee: \”Melanie was excellent. She kept me informed and when she said she would call me back, she did.\”
• Stephanie Hernandez: \”When I felt I had no hope or direction, Leonor reached out to me…She took all the weight of my worries off my shoulders.\”
• Chad Harris: \”You are NOT a pest to them and you are NOT just some client…You are FAMILY to them.\”

Our bilingual staff, including Zulema, ensures Spanish-speaking clients feel understood and informed. Hablamos Español—all consultations are available in Spanish.

Immediate Action Steps if You’re Facing Target Shoplifting Charges

Time is critical. Evidence becomes harder to obtain, memories fade, and procedural deadlines approach. Here’s exactly what to do:

1. Exercise Your Right to Remain Silent: Do not discuss the incident with Target security, police, or anyone except your attorney. Anything you say can be twisted against you.
2. Contact Attorney911 Immediately: Call 1-888-ATTY-911 for your free consultation. The sooner we begin, the sooner we can secure surveillance footage before it’s automatically deleted (Target typically retains footage 30-90 days).
3. Document Everything: Write down every detail you remember: time, location, what you were wearing, what the loss prevention officers said and did. Note any witnesses.
4. Stay Off Social Media: Do not post about the incident. Prosecutors and investigators monitor social media for incriminating statements or photos that contradict injury claims.
5. Comply with Court Dates: If you’ve already been charged and given a court date, YOU MUST APPEAR. Failure to appear results in a warrant for your arrest.

Remember: Target’s goal is a conviction. Ours is to protect your future. With our contingency fee structure, you pay nothing unless we win your case. We advance all costs—you only pay if we recover a favorable outcome for you.

Frequently Asked Questions About Texas Shoplifting Charges

1. Does Target always press charges for shoplifting?

Yes, Target has a national policy of prosecuting all apprehended shoplifters, regardless of the merchandise value or the offender’s age. They invest too much in loss prevention to let cases slide. This makes having an aggressive defense attorney from the start even more critical.

2. Can I just pay Target to make the charges go away?

No. Target may send you a civil demand letter requesting payment (often $200-$500), but paying this does NOT affect criminal charges. The criminal case proceeds independently. Paying the civil demand can even be used as evidence of guilt. Never pay without consulting an attorney.

3. What if the merchandise was worth less than $100?

You still face a Class C misdemeanor, which carries a fine but no jail time. However, a conviction creates a permanent criminal record. We still fight for dismissal or pretrial diversion to avoid any record.

4. How long does a shoplifting case take to resolve?

Misdemeanor cases typically take 3-12 months from arrest to resolution, depending on the county and whether you pursue diversion programs. Felony cases can take 1-2 years or longer. Attorney911 keeps you informed every step of the way, with updates every 2-3 weeks.

5. Can a shoplifting charge be expunged from my record?

Yes, under specific circumstances. If charges are dismissed after completing pretrial diversion, you are generally eligible for expunction, which destroys the records. If you complete deferred adjudication, you can seek a non-disclosure (sealing) but not expunction. We guide you through the appropriate post-disposition process.

6. What if I have a prior theft conviction?

Prior convictions enhance current charges, making you ineligible for Class C misdemeanor treatment and increasing potential penalties. However, we can challenge the validity of prior convictions or negotiate for reduced enhancements. Don’t assume the worst—let us review your entire history.

Don’t Let a Shoplifting Accusation Define Your Future—Call Attorney911 Today

A shoplifting charge at Target in Texas is a serious legal emergency that demands immediate, expert defense. The corporate machinery is already moving against you. But you have a powerful ally in Attorney911. With Ralph Manginello’s 25+ years of Texas courtroom experience, Lupe Peña’s insider knowledge of corporate defense tactics, and our proven track record of dismissals and favorable outcomes, we provide the comprehensive defense you need.

We serve clients across Texas from our offices in Houston, Austin, and Beaumont. Whether you’re in Harris, Travis, Jefferson, Montgomery, Fort Bend, or any surrounding county, we’re here to help. Our firm is currently litigating a $10 million lawsuit against the University of Houston and Pi Kappa Phi fraternity—we’re not afraid to take on powerful opponents.

As Houston’s own Trae Tha Truth has recommended our firm, you can trust that we deliver results Houston respects. Don’t navigate this alone. The evidence preservation clock is ticking, and every day matters.

Call our legal emergency line right now at 1-888-ATTY-911 (1-888-288-9911) for your free, no-obligation case evaluation. Visit us online at attorney911.com. We are Legal Emergency Lawyers™, and we’re ready to protect your rights, your record, and your future.