Shoplifting charges in Texas vary based on the value of the allegedly stolen merchandise. This can range from a simple citation for minor cases to a felony charge if the value exceeds a certain threshold. If you were accused of shoplifting in Houston, understanding the nuances of these charges is crucial.
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Immediate Steps to Take if Accused of Shoplifting
If you find yourself accused of shoplifting in Houston, it’s essential to know the immediate actions to take that can significantly help the outcome of your case. Here are key steps to protect your rights and navigate the situation effectively:
Remain Calm and Exercise Your Rights
If you’re accused, staying calm is vital. Remember, you have the right to remain silent. Anything you say can potentially be used against you in a criminal case. Politely but firmly, you can request the presence of a criminal defense lawyer before making any statements.
Understanding Probable Cause and Detainment Rules
Store owners and security personnel can only detain you if they have “probable cause.” This generally means they must have observed you taking and concealing an item, moving towards the exit, or leaving the store with it. Be aware that the amount of evidence required for detainment varies by jurisdiction. While you may be kept under surveillance until the police arrive, store owners and security officers are not allowed to confine and trap you in a small space. Any violation or use of excessive force is against the law.
Dealing with Arrest and Charges
If you are found with stolen merchandise and the police are called, you may face arrest and theft charges. Again, you have the right to attorney, and you are not obligated to give a statement without your attorney present.
Accomplice Charges and Other Forms of Shoplifting
In Texas, you can be charged for being an accomplice to a shoplifter, such as looking out for them or purposefully distracting other shoppers around you. Shoplifting can also include modifying or swapping price tags.
Handling Mistaken Accusations
You may have been mistakenly accused. It could be that you had intended to pay when you walked out of the store and simply forgot. A sincere apology and explanation may help you avoid prosecution; however, an apology can also be used against you as an admission of guilt. It’s best to avoid confusion by speaking with an attorney first.
Navigating Penalties and Legal Representation
All types of shoplifting can result in a criminal penalty. A good shoplifting defense attorney can help you achieve the best possible outcome for your case based on the evidence and circumstance at hand. Penalties for first-time convictions are typically less harsh, while in more severe cases, your lawyer may be able to negotiate a plea deal for you.
Cooperating While Protecting Your Rights
If accused of shoplifting in Houston, cooperate politely but avoid signing any documents or admitting guilt before consulting with your lawyer. If you have already been charged with shoplifting and feel like your rights have been violated or you are falsely accused, please seek legal counsel before making any irrational decisions and demanding your rights.
Answers to Your Houston Shoplifting Questions
What is the Statute of Limitations on Shoplifting Charges?
A prosecutor has a limited time to charge you based on the severity of the crime, which is called a statute of limitations. Evidence can be lost or contaminated, and witnesses’ memories may fade over time, which is why time limits are necessary.
Misdemeanors usually have a two-year statute of limitations. For felonies, the prison term can vary from three to 10 years depending on the crime. Murder and human trafficking have no time limits.
Can Social Media Posts Be Used Against You in Shoplifting Cases?
If you post something on social media, it can absolutely be used against you in court.
There is no privacy protection for social media posts. Even if they are marked as private, postings are public, according to the courts. There have been many convictions obtained as a result of mistakes defendants made on social media, including:
– Photos of stolen goods posted on social media
– Bragging about their criminal activity
– Waiving the attorney-client privilege by posting information related to conversations with their lawyer
As a precaution, Lisa Shapiro Strauss recommends avoiding social media completely to avoid saying or posting something you will regret later.
Is it Possible for Shoplifting Technology to Falsely Accuse Someone of Stealing Something?
Shoplifting technology can absolutely make mistakes that can lead to unfair arrests. Some common problems include:
– Facial Recognition software uses certain facial characteristics- like head shape, jaw line, and ear shape- that have resulted in many false arrests.
– RFID Technology inserts a trackable chip into valuable items, but sometimes employees forget to take them out when a purchase is made.
– Video Analytic Software is a type of program that works to detect suspicious activity; but it can often be misinterpreted.
Read More About Common Shoplifting Technologies That Can Also Falsely Accuse People of Shoplifting
Get Help With Shoplifting Charges In Houston
Facing shoplifting charges can be a daunting experience. Legal representation is not just a right; it’s a necessary step in ensuring your side of the story is heard and your rights are upheld. If you’re facing such accusations, Houston shoplifting attorney Lisa Shapiro Strauss can help.
Lisa has provided exceptional criminal defense representation to Houston and surrounding areas for 25 years. As a former prosecutor, she has unique insight into all aspects of a criminal case and uses that knowledge to get the best possible outcome for her clients.
If you have been accused of shoplifting, call (713) 449-9922 and schedule a free consultation with Lisa Shapiro Strauss today!
