Being charged with shoplifting or theft in Plano can have devastating consequences that extend far beyond a simple misdemeanor citation. Texas takes retail theft seriously, with penalties ranging from hefty fines to jail time and a permanent criminal record that can impact employment, housing, and future opportunities.
At the Law Offices of Richard C. McConathy, our experienced theft defense attorneys understand the complexities of Texas Penal Code and the Plano court system. We’ve successfully defended clients against theft charges for over 35 years, securing dismissals and reductions that protect our clients’ futures.
Don’t let a shoplifting charge derail your life—contact us today at (972) 528-0478 for a confidential consultation.
We also provide the full resources of a criminal defense lawyer in Plano to anyone facing related charges beyond theft, ensuring every client receives a complete and strategic defense.
Understanding Theft and Shoplifting Charges in Texas
If you’ve been arrested for shoplifting in Plano, you’ll likely appear at the Plano Municipal Court located at 900 East 15th Street, Plano, TX 75074—just west of downtown Plano and immediately west of US-75.
For more serious felony theft charges, your case will be heard at the Collin County Courthouse (Russell A. Steindam Courts Building) at 2100 Bloomdale Road in McKinney, where free parking is available in the adjacent Collin County Administration Building parking lot.
What Constitutes Theft or Shoplifting Under Texas Law?
Under Texas Penal Code § 31.03, theft occurs when someone unlawfully appropriates property with the intent to deprive the owner of that property. Shoplifting, specifically, involves taking merchandise from a retail establishment without paying the full purchase price.
This can include:
- Concealing merchandise in bags, clothing, or personal items
- Switching price tags or labels to pay less than the actual price
- Consuming food or drinks within a store without paying
- Removing items from packaging and leaving with only the contents
- Walking out with unpaid merchandise, even if done accidentally
Understanding Intent: Store security sometimes makes assumptions about customer behavior that don’t hold up under legal scrutiny. Proving intent to steal requires more than just suspicion—prosecutors must demonstrate you deliberately intended to deprive the store of merchandise.
Classification and Penalties for Theft Offenses in Plano
Texas categorizes theft offenses based on the value of stolen property, with penalties escalating significantly at each threshold:
| Property Value | Classification | Potential Jail Time | Maximum Fine |
|---|---|---|---|
| Under $100 | Class C Misdemeanor | No jail time | $500 |
| $100 – $749.99 | Class B Misdemeanor | Up to 180 days | $2,000 |
| $750 – $2,499.99 | Class A Misdemeanor | Up to 1 year | $4,000 |
| $2,500 – $29,999.99 | State Jail Felony | 180 days – 2 years | $10,000 |
| $30,000 – $149,999.99 | Third-Degree Felony | 2 – 10 years | $10,000 |
Important Note: Previous theft convictions can enhance charges to higher classifications, meaning a $50 shoplifting offense could become a felony if you have prior convictions.
Legal Consequences of a Shoplifting Conviction
The impact of a theft conviction extends far beyond court-ordered penalties. Many clients don’t realize how a seemingly minor shoplifting charge can affect their lives:
Criminal Record Impact:
Unlike some states, Texas doesn’t automatically seal theft convictions. This permanent record appears on background checks, potentially affecting employment opportunities in retail, healthcare, education, and financial services.
Professional Licensing:
Many professional licenses require disclosure of criminal convictions. Nurses, teachers, real estate agents, and other licensed professionals may face disciplinary action or license suspension.
Immigration Consequences:
For non-citizens, theft convictions can trigger deportation proceedings or prevent naturalization, as theft is considered a “crime involving moral turpitude” under federal immigration law.
Employment Challenges:
According to theTexas Workforce Commission, employers can legally ask about criminal history during the hiring process, and many automatically disqualify applicants with theft convictions.
Common Defenses to Theft and Shoplifting Charges
Lack of Intent:
Texas law requires proof that you intended to steal. We’ve successfully defended cases where clients forgot to pay for items in their cart or genuinely believed they had paid for merchandise.
Mistaken Identity:
Store security cameras don’t always provide clear images, and witnesses can misidentify suspects. We carefully examine all evidence to ensure you’re not wrongly accused.
Unlawful Search and Seizure:
Security personnel and police must follow proper procedures when detaining and searching suspected shoplifters. Violations of your Fourth Amendment rights can result in evidence being suppressed and charges dismissed.
Entrapment:
If store employees encouraged or induced you to commit theft, this may constitute entrapment—a complete defense to criminal charges.
False Accusations:
Unfortunately, some individuals face theft charges based on false accusations from vindictive employees, competitors, or family members. We thoroughly investigate the circumstances surrounding your arrest to uncover the truth.
First-Time Shoplifting Offenses in Plano
First-time offenders often have several advantages in the legal system that our experienced attorneys can leverage:
Pretrial Diversion Programs:
Collin County offers diversion programs for qualifying first-time offenders. Successful completion results in dismissal of charges without a conviction appearing on your record.
Deferred Adjudication:
This form of probation allows you to avoid a final conviction if you complete all court requirements successfully.
Community Service Options:
Courts may accept community service in lieu of fines, particularly beneficial for students or those facing financial hardship.
Our firm has helped hundreds of first-time shoplifting defendants in Plano avoid convictions entirely through various legal strategies including pretrial diversion programs, deferred adjudication, and community service alternatives.
How Our Plano Theft Defense Attorneys Can Help
If you’ve been arrested for shoplifting at Plano’s major retail centers including Legacy West, The Shops at Willow Bend, or Collin Creek Mall—time is critical. In Collin County, most shoplifting defendants are released on personal recognizance bonds for misdemeanor charges, but you’ll need to appear for your arraignment within 10-14 days.
What to Expect at Your Plano Court Appearance:
📍 Plano Municipal Court Process: Located near the intersection of K Avenue and 15th Street (behind the Plano Police Department), the municipal court handles Class C misdemeanor theft cases under $100.
Parking is available in the adjacent city lot, and court sessions typically begin at 1:30 PM and 6:30 PM on weekdays. You’ll receive a citation with your court date, and failure to appear results in additional charges.
📍 Collin County Courthouse Procedures: For theft charges over $100, you’ll appear at the McKinney courthouse located at 2100 Bloomdale Road. The building houses multiple district courts including the 199th and 219th District Courts. We recommend arriving 30 minutes early due to security screening, and free parking is available in the Collin County Administration Building lot. During your arraignment, you’ll enter a plea and receive information about your next court date.
At McConathy Law, we understand the stress of navigating these unfamiliar court procedures:
Immediate Legal Representation: The sooner you contact us after your arrest, the more options we have to protect your interests. We can often prevent charges from being filed or negotiate reduced charges before formal prosecution begins.
Strategic Case Analysis: Our team reviews all evidence, including security footage, witness statements, and police reports, looking for weaknesses in the prosecution’s case.
Plea Bargaining Expertise: With over three decades of experience in Texas courts, we know which prosecutors and judges are receptive to alternative resolutions that avoid convictions.
Trial Preparation: When necessary, we’re prepared to take your case to trial. Our courtroom experience and knowledge of local juries give us significant advantages in defending theft cases.
Why Choose Our Criminal Defense Team in Plano?
Local Court Experience:
Richard C. McConathy and our legal team regularly appear in both the Plano Municipal Court and Collin County courts, including the 199th and 219th District Courts in McKinney. We know the court procedures, the preferred formatting for legal documents, and which judges are receptive to alternative sentencing options. This intimate knowledge of local procedures, prosecutors, and judges gives us strategic advantages in your defense.
Proven Track Record:
We’ve successfully handled over 1,000 criminal cases, with 300+ resulting in dismissals or not guilty verdicts. Our case results include numerous theft and shoplifting dismissals at both the Plano Municipal Court and Collin County Courthouse throughout Plano and surrounding areas.
24/7 Availability:
Criminal charges don’t wait for business hours. We’re available around the clock to address urgent legal needs and provide immediate assistance after an arrest.
Comprehensive Legal Services:
As a full-service criminal defense law firm, we handle all aspects of your case, from initial consultation through trial and appeals if necessary.
Related Theft Offenses We Handle
Theft by Check
Writing bad checks remains a common form of theft in Texas. Our firm has extensive experience defending clients accused of theft by check, including cases involving insufficient funds, closed accounts, and identity theft.
Credit Card Abuse
Using someone else’s credit card without permission or using your own card knowing it’s expired or over-limit can result in serious felony charges depending on the amount involved.
Identity Theft
With the rise of online shopping and digital transactions, identity theft charges have become increasingly common. These cases often involve complex evidence and require sophisticated defense strategies.
Burglary and Robbery Charges
While related to theft, burglary and robbery carry enhanced penalties and require specialized defense approaches. We regularly defend clients against these serious felony charges in Plano and throughout Collin County.
Contact a Plano Shoplifting Defense Lawyer Today
Time is critical when facing theft or shoplifting charges in Plano. The sooner you secure experienced legal representation, the more options we have to protect your rights and achieve a favorable outcome.
📞 Call (972) 528-0478 for immediate assistance, or contact us online for a confidential case evaluation. Our Plano theft defense attorneys are ready to fight for your rights.
Remember: every day you wait is a day the prosecution uses to build their case against you. Get the experienced legal representation you deserve by contacting our defense team now.
Frequently Asked Questions
What is the penalty for shoplifting in Texas?
Penalties depend on the value of stolen merchandise. Items worth less than $100 result in Class C misdemeanor charges with fines up to $500. Items valued between $100-$749.99 can result in up to 180 days in jail and $2,000 in fines. Higher-value thefts carry increasingly severe penalties, including potential felony charges and prison sentences.
Can shoplifting charges be dropped in Plano?
Yes, shoplifting charges can be dismissed or dropped under various circumstances. At the Plano Municipal Court, we’ve seen prosecutors dismiss Class C theft cases when defendants complete community service at local organizations like the Plano Community Garden or Meals on Wheels. For more serious charges at the Collin County Courthouse, prosecutors may dismiss charges due to insufficient evidence, constitutional violations, or as part of plea agreements. First-time offenders may qualify for Collin County’s Pre-Trial Diversion Program, administered through the Community Supervision and Corrections Department located at 4690 Community Avenue in McKinney.
What should I do if I’m falsely accused of shoplifting?
Remain calm and don’t make any statements without an attorney present. Request to speak with a lawyer immediately. Don’t sign any documents or admit to anything, even if you believe it might help your situation. Contact our firm as soon as possible so we can begin protecting your rights and investigating the false accusations.
Is shoplifting considered a felony in Texas?
Shoplifting becomes a felony when the value of stolen merchandise exceeds $2,500. However, previous theft convictions can enhance lesser charges to felony level. For example, if you have two prior theft convictions, a $50 shoplifting offense could be charged as a state jail felony.
Can a lawyer get shoplifting charges dismissed?
Experienced criminal defense attorneys regularly secure dismissals in shoplifting cases through various strategies including challenging evidence, negotiating with prosecutors, identifying constitutional violations, and demonstrating lack of intent. Our firm has obtained dismissals in hundreds of theft cases over our 35+ years of practice.
Legal Strategy Example: Store loss prevention officers must follow specific Texas legal requirements when detaining suspected shoplifters, including maintaining continuous observation and having reasonable belief that theft occurred. When these procedures aren’t properly followed, it can provide grounds for dismissal. Improper detention procedures and violations of constitutional rights are common defense strategies that can lead to favorable outcomes for defendants.
💡 Practical Tip: If you’re arrested for shoplifting in Plano, you’ll likely be processed at the Plano City Jail (909 East 14th Street) before being released on bond. The facility is located in central Plano, and family members can call our office 24/7 at (972) 528-0478 to begin the bond process and arrange for immediate representation.