Pretrial Diversion

What Happens If You Get Caught Shoplifting From Walmart?

If you are caught shoplifting from Walmart in Texas, you may face criminal theft charges. https://www.youtube.com/watch?v=5VRl2SvbvQQ What does shoplifting mean? The term “shoplifting” means stealing merchandise from an open retail store. Under Texas law, shoplifting is a type of theft, as defined by Texas Penal Code § 31.03. To simplify its criminal laws, Texas prosecutes most theft-based offenses —including shoplifting, embezzlement, extortion, and receiving stolen property— as theft.  The theft statute reads: “A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property.” In other words, if you take property that is not yours without permission and don’t intend to give it back, you have committed theft. When you commit theft from a retail store during regular business hours, this is considered shoplifting.  Does Walmart call the cops for shoplifting? Although anti-theft practices and policies can vary between stores, Walmart will often call the cops for shoplifting offenses. If you are caught shoplifting from a Walmart, a loss prevention officer may reasonably detain you at the store until the police arrive.  Walmart has loss prevention officers at every store that watch for shoplifters.  They are on the floor and in the back watching…

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…

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…