legal defense

The Defendant’s Guide to Shoplifting

In Texas, there is no separate criminal offense called “shoplifting.” Instead, people who steal merchandise from open retail stores are prosecuted on theft charges. https://www.youtube.com/watch?v=iO7U652YH_A What is the definition of shoplifting? The term “shoplifting” generally refers to stealing goods from a retail establishment during regular business hours. Under Texas law, shoplifting is considered theft because Texas has consolidated most theft-type offenses, such as shoplifting, embezzlement, extortion, and receiving stolen property, into a single statute.  Texas Penal Code § 31.03 reads: “A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.” Essentially, this means that theft is taking someone else’s property without their permission and not intending to return it.  Texas law also criminalizes the possession, manufacturing, or distribution of shielding or deactivating instruments used for shoplifting under Texas Penal Code § 31.15. Is shoplifting a felony or misdemeanor? Shoplifting can be charged as either a felony or a misdemeanor offense depending on the value and nature of the property stolen and your criminal record. Class C Misdemeanor Shoplifting is a Class C misdemeanor if the value of the property stolen is less than $100; Class B Misdemeanor Shoplifting is a Class B misdemeanor…

The Defendant’s Guide to Probable Cause

Probable cause is a legal standard of evidence that police officers must have in order to arrest someone or obtain a warrant. If the police do not follow the probable cause requirement, you may be able to have evidence against you excluded from a court proceeding.  https://www.youtube.com/watch?v=DPqiwrLDDgw What is the definition of probable cause? The term “Probable Cause” refers to the level of certainty that police need to have in order to legally arrest someone for a crime. It is defined as enough evidence for a reasonable person to believe that the person had committed a crime, was currently committing a crime, or was about to commit a crime. To legally arrest someone, a police officer needs to have a good faith belief that the person they arrest has committed a crime. And they have to have sufficient evidence to support that belief. What is a probable cause hearing? The term “Probable Cause Hearing” can refer to two different types of hearings. Under Texas law, if a police officer arrests someone without a warrant, a probable cause hearing must be held within 48 hours of the arrest. During this hearing the judge will decide whether probable cause exists to support…

How to Get a Petty Theft Misdemeanor Expungement

Petty theft, which refers to the theft of property worth less than $100, is a Class C misdemeanor in Texas. In some situations, you may be able to have petty theft arrests and charges expunged from your record. https://www.youtube.com/watch?v=Fwm3230KwMI What qualifies as petty theft? The term “Petty Theft” can be used to describe any low-value theft of property. Under Texas Penal Code § 31.03, the crime of theft is defined as follows: “(a) A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property. (b) Appropriation of property is unlawful if: (1) it is without the owner's effective consent; (2) the property is stolen and the actor appropriates the property knowing it was stolen by another;   The most common type of theft is taking property without the owner’s permission and not intending to give it back. However, Texas’s theft statute also covers receiving stolen property.   The lowest theft charge in Texas, sometimes called petty theft, is a Class C misdemeanor. If you don’t have any prior convictions and the stolen property’s value is under $100, you can only be charged with a Class C misdemeanor. A Class C misdemeanor conviction for petty theft won’t land you…