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Understanding Theft and Shoplifting Charges in Texas

Legal Definitions Under Texas Penal Code

Under Texas Penal Code Section 31.03, theft occurs when someone unlawfully appropriates property with the intent to deprive the owner of that property. This broad definition encompasses various actions, including:

• Taking someone else’s property without permission
• Converting property that was lawfully obtained
• Receiving stolen property knowing it was stolen
• Obtaining property through deception or fraud

Shoplifting falls under the general theft statute but involves specific retail-related actions such as:

• Concealing merchandise while in a store
• Switching or removing price tags to pay less
• Using tools or devices to defeat security measures
• Consuming goods without paying
• Transferring items between containers to avoid detection

Texas law distinguishes theft from burglary, which requires unlawfully entering a building with intent to commit theft. Understanding these distinctions is vital for building an effective defense strategy.

Shoplifting-Specific Charges and Penalties

The severity of shoplifting charges in Texas depends primarily on the value of the allegedly stolen merchandise:

Example: Many shoplifting cases involve unclear surveillance footage or inventory system errors. Thorough investigation of the evidence can reveal weaknesses in the prosecution’s case, including poor video quality, malfunctioning security equipment, or improper evidence handling procedures.

What Happens After a Theft Arrest in Arlington?

Typical Legal Process

When arrested for theft in Arlington, you’ll typically go through these steps:

Booking and Processing: You’ll be transported to Tarrant County Corrections Center (100 N Lamar St, Fort Worth, TX 76196) for fingerprinting, photographing, and initial processing. This typically takes 4-8 hours depending on jail capacity and intake volume.

Bond Information: Contact the Bond Desk at (817) 884-3000 for current bond status. Bonds can be posted 24/7 at the jail’s main entrance. Parking is available in the visitor lot (quarters required for meters).

Magistrate Warning: Within 24-48 hours, you’ll appear before a magistrate via video conference from the jail to be informed of charges and have bond set.

Arraignment: Depending on charge severity, you’ll appear either at:

• Arlington Municipal Court (211 S Cooper St, Building A, Arlington, TX 76010) for Class C misdemeanors
• Tim Curry Criminal Justice Center (401 W Belknap St, Fort Worth, TX 76196) for higher-level charges

Court Parking & Access:

• Arlington Municipal Court: Limited street parking, arrive 15 minutes early for security screening
• Tim Curry Center: Multi-level parking garage available ($8-12 daily), located near downtown Fort Worth Convention Center

How Arlington Cases Progress Through the System

Class C Theft Cases (under $100):

• Filed at: Arlington Municipal Court, 211 S Cooper St, Building A
• What to bring: Photo ID, citation, proof of income for fine determination
• Parking: Free 2-hour street parking; paid lots at Parks Mall nearby
• Court options: Guilty plea, not guilty plea, or deferred disposition

Higher-Level Theft Cases:

• Filed at: Tim Curry Criminal Justice Center, 401 W Belknop St, Fort Worth
• Grand Jury: Felony cases require grand jury indictment (meets twice monthly)
• Plea negotiations: Typically occur 30-60 days after arraignment
• Pre-trial requirements: May include drug testing, check-ins with pre-trial services

Document Requests:

• Police reports: Available from APD Records Division (817) 459-5680, typically $6-12
• Surveillance footage: Must be requested quickly – stores typically delete after 30-90 days
• Court records: Available from district clerk’s office on 2nd floor of Tim Curry Center

Immediate Steps to Take

If you’ve been arrested for theft in Arlington:

Exercise your right to remain silent: Anything you say can be used against you in court. Politely decline to answer questions without an attorney present.

Request a criminal defense attorney immediately: Don’t wait to seek legal representation. Early intervention can significantly impact your case outcome.

Document everything you remember: Write down details about the incident while they’re fresh in your memory.

Don’t discuss your case with anyone except your attorney, including family members or friends.

Don’t wait—contact our Arlington theft defense lawyers immediately at (972) 528-0478 to protect your rights.

Penalties for Theft and Shoplifting in Texas

Texas imposes increasingly severe penalties based on the value of stolen property and any aggravating factors. Understanding the full scope of potential consequences helps you appreciate why skilled legal representation is essential.

Value-Based Penalties

Class C Misdemeanor (under $100): While this may seem minor, it still creates a permanent criminal record that can affect employment and housing applications.

Class B Misdemeanor ($100-$749.99): Up to 180 days in jail plus fines. Many employers conduct background checks that will reveal this conviction.

Class A Misdemeanor ($750-$2,499.99): Up to one year in county jail. This level often triggers enhanced scrutiny for professional licenses and security clearances.

State Jail Felony ($2,500-$29,999.99): Imprisonment in state jail for 180 days to two years. Felony convictions carry lifelong consequences for voting rights, gun ownership, and employment opportunities.

Enhancement Factors

Certain circumstances elevate charges to higher levels:

• Previous theft convictions: Two or more prior convictions can enhance a Class A misdemeanor to a state jail felony
• Elderly victim: Theft from someone 65 or older increases penalties
• Non-profit organization: Stealing from charitable organizations carries enhanced penalties
• Organized retail theft: Using tools like booster bags increases severity

Long-Term Consequences

Beyond immediate penalties, theft convictions create lasting problems:

Employment Impact: Many employers automatically reject applicants with theft convictions, particularly for positions involving money handling or trust.

Housing Difficulties: Landlords often deny rental applications from individuals with criminal records.

Professional Licensing: Theft convictions can prevent obtaining or maintaining professional licenses in fields like healthcare, finance, or education.

Immigration Issues: Non-citizens may face deportation or denial of citizenship applications.

Hypothetical Scenario: Consider Sarah, a college student charged with shoplifting a $200 textbook. Even though this is “only” a Class B misdemeanor, a conviction could affect her eligibility for student loans, internships, and future career opportunities in her chosen field of accounting.

How Our Arlington Theft Attorneys Can Help

Early Case Assessment

We begin every case with a thorough analysis of the evidence against you. Our investigation process includes:

• Reviewing police reports for inconsistencies or procedural errors
• Examining surveillance footage frame-by-frame
• Interviewing witnesses who may support your version of events
• Analyzing store policies and security procedures for violations

In many cases, we discover crucial details that prosecutors initially overlooked, such as malfunctioning security cameras or improper evidence handling.

Suppressing Illegally Obtained Evidence

The Fourth Amendment protects against unreasonable searches and seizures. We scrutinize every aspect of your arrest for constitutional violations:

Unlawful detainment: Store security must have reasonable suspicion to detain suspected shoplifters. Detaining someone based solely on profiling or insufficient evidence violates your rights.

Improper search procedures: Police must follow specific protocols when searching your person or belongings. Evidence obtained through illegal searches can be suppressed.

Coerced confessions: Statements made under duress or without proper Miranda warnings may be inadmissible in court.

Negotiating with Prosecutors

Our relationships with Arlington-area prosecutors often enable favorable plea negotiations:

Deferred adjudication: This allows you to avoid a conviction if you successfully complete probation terms.

Pretrial diversion programs: First-time offenders may qualify for programs that result in dismissed charges upon completion.

Reduced charges: We may negotiate from felony to misdemeanor charges or secure reductions in alleged theft values.

Going to Trial When Necessary

When negotiations fail to achieve acceptable results, we’re prepared to fight your case at trial. Our trial experience includes:

• Cross-examining store security personnel and police officers
• Challenging the reliability of identification procedures
• Presenting alternative explanations for your presence or actions
• Using expert witnesses to question evidence collection methods

Schedule your consultation today at (972) 528-0478.

Common Defenses to Theft and Shoplifting Charges

• Lack of Intent: Intent to permanently deprive the owner of property is required. Successful defenses include accidentally leaving a store with unpaid merchandise, intending to pay but becoming distracted, or mistakenly believing you had already paid.
• Mistaken Identity: In busy retail environments, misidentification occurs frequently due to poor surveillance quality, witnesses viewing suspects from distances, or bias affecting identification accuracy.
• Mistake of Fact: This applies when you reasonably believed you had the right to the property, such as taking items that genuinely belonged to you or reasonable belief that someone authorized you to take property.
• Constitutional Violations: Unlawful search and seizure, improper Miranda warnings, and due process violations can result in dismissed charges.
• Constitutional Rights Protection: Evidence obtained through illegal searches cannot be used against you in court. We examine every aspect of police procedures to identify potential violations, including unlawful detainment by store security, improper search protocols, or coerced statements made without proper advisement of rights.

Why Choose Our Arlington Theft Lawyer?

Deep Local Experience

Our familiarity with Arlington courts, prosecutors, and law enforcement provides significant advantages:

We regularly practice in the Tarrant County courthouses where your case will be heard, including the Tarrant County Criminal Courts located at 401 W Belknap St, Fort Worth, TX. Our relationships with local prosecutors often facilitate more favorable negotiations than out-of-area attorneys can achieve.

Judge Knowledge: We understand the tendencies and preferences of local judges, allowing us to tailor our approach for maximum effectiveness.

Police Procedures: Our experience with Arlington Police Department procedures helps us identify potential weaknesses in their investigation methods.

Focused Criminal Defense Practice

Unlike general practice attorneys who handle various legal matters, we concentrate specifically on criminal defense, including theft and shoplifting cases. This focus ensures: 

• Up-to-date knowledge of evolving theft laws and defenses
• Refined trial techniques specific to theft cases
• Established relationships with expert witnesses and investigators
• Deep understanding of prosecution strategies

Personalized Legal Strategy

We recognize that every theft case involves unique circumstances requiring individualized attention:

Comprehensive case review: We examine every detail of your situation, from the alleged incident to your personal background and goals.

Tailored defense approach: Our strategy addresses your specific charges, circumstances, and desired outcomes.

Regular communication: We keep you informed about case developments and explain legal procedures in understandable terms.

Request a free consultation at (972) 528-0478.

Our Arlington TX Theft Lawyers Handle The Following Case Types:

We defend against all forms of theft offenses, including:

Petty Theft

Items valued under $100 that still create permanent criminal records affecting employment and housing.

Retail Theft In Fort Worth And Tarrant

Department stores, grocery stores, pharmacies, electronics retailers, and clothing stores throughout Arlington.

Financial Crimes

Insufficient funds checks with intent to defraud, unauthorized credit card use, identity theft, and forgery connected to theft charges.

Employee Theft

Cash register theft, inventory shrinkage allegations, fraudulent expense reports, and misappropriation of company property.

High-Value Theft

Vehicle theft, jewelry, construction equipment, art, and collectibles carrying potential prison sentences.

Organized Retail Crime

Coordinated shoplifting schemes, booster bag operations, online resale of stolen merchandise, and multi-store theft conspiracies.

Theft Defense Strategy Example

Organized retail theft cases often involve multiple defendants and complex evidence chains. Thorough analysis of surveillance footage, cell phone records, and witness testimony can reveal inconsistencies that cast doubt on allegations of coordinated criminal activity.

Contact Our Arlington Theft Attorneys Today!

Time is critical when facing theft charges in Arlington. The sooner we begin working on your case, the better we can protect your rights and build a strong defense strategy. Evidence can disappear, witnesses’ memories fade, and important legal deadlines approach quickly.

At Law Offices of Richard C. McConathy, we offer free initial consultations where we’ll review your case, explain your legal options, and discuss potential defense strategies. Our 35+ years of experience defending clients in Tarrant County courts means we understand how to achieve favorable outcomes even in challenging situations.

📞 Phone: (972) 528-0478
💻 Online: Contact Form
📧 Email: info@mcconathylaw.com

Protect your future with an experienced Arlington theft attorney who will fight tirelessly for your rights.