Shoplifting is often thought of as a person taking merchandise and leaving the store with it. However, shoplifting refers to various situations involving the taking of property without an owner’s consent. Shoplifting without leaving the store is possible in Texas and depends on the nature of the incident.
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Defining ‘Shoplifting’ in Texas
Shoplifting is a theft crime under Texas law. When someone intends to permanently remove property from the rightful owner’s possession without permission, it is considered theft.
When merchandise is stolen from a business, it is considered retail theft, or shoplifting. Penalties can be anything from a misdemeanor to a felony charge depending on the value of the items stolen. A shoplifting conviction is a misdemeanor if the value of the property stolen is under $2,500. Stolen property valued above $2,500 can result in a felony conviction.
Shoplifting Without Leaving the Store
While many assume physical removal of the item from the store is required for an act to be considered shoplifting, legal statutes frequently focus on the intent behind the actions. A person can be charged and convicted of shoplifting even if they did not leave the store in certain circumstances.
One critical aspect of shoplifting laws is the concept of concealment. Concealing merchandise, even if the individual remains inside the store, can be considered evidence of intent to shoplift. This means if a person hides an item with the intention of leaving without paying, they can potentially be charged based on that intent alone, regardless of whether they actually attempt to exit the store.
Various actions can fulfill the criteria for shoplifting without the need for the perpetrator to leave the premises. These include, but are not limited to:
- Altering or removing price tags to misrepresent the value of merchandise.
- Transferring goods from their original packaging to a different container.
- Concealing items in personal belongings or clothing.
For a shoplifting charge based on in-store actions, the prosecution must prove beyond a reasonable doubt that the accused had the intent to steal. This involves demonstrating that the actions taken by the individual were deliberate and aimed at unlawfully taking merchandise.
Legal Rights and Defenses Against an In-Store Shoplifting Charge
Most employees or security workers in a retail environment wait for a suspected shoplifter to leave the store with the stolen merchandise before apprehending them. It is easier to prove the individual was shoplifting if they leave the store with unpaid merchandise.
On the other hand, proving a person intended to steal merchandise that they did not leave the store with can be difficult. Security personnel are trained to detect shoplifters. But they do make mistakes and may misinterpret a shopper’s actions to be shoplifting when no shoplifting was intended.
Individuals accused of shoplifting, particularly in cases where the alleged act occurred without leaving the store, possess specific legal rights and potential defenses. Understanding these can be crucial in navigating the complexities of the legal system and ensuring fair treatment. Below are key points outlining the legal rights of the accused and common defenses against shoplifting charges.
Legal Rights
- Right to Remain Silent: Upon being accused or detained for suspected shoplifting, individuals have the right to remain silent. This is to prevent self-incrimination, as anything said can be used against them in court.
- Right to Legal Representation: Accused individuals have the right to consult with an attorney and have one present during questioning and all legal proceedings. If they cannot afford an attorney, one may be appointed to represent them.
- Protection Against Unlawful Search and Seizure: The Fourth Amendment protects individuals from unreasonable searches and seizures. This means that store security or law enforcement must have probable cause or the individual’s consent to conduct a personal search.
- Detainment and Arrest Rights: Retailers and their security personnel have limited rights to detain individuals suspected of shoplifting. These rights vary by jurisdiction but typically require reasonable grounds for suspicion. Law enforcement officers must follow legal procedures for arrest, including providing Miranda warnings if interrogation is intended.
Common Legal Defenses
- Lack of Intent: Since intent is a crucial element of shoplifting, demonstrating that the accused had no intention to steal can be a powerful defense. This could apply in situations where an individual inadvertently concealed merchandise without the intent to remove it from the store.
- Mistake of Fact: This defense applies if the accused believed they had a right to the property or misunderstood the situation in a way that negates criminal intent. For example, they might have thought the item was already paid for or given as a gift.
- Accidental Concealment: Accidental concealment occurs when items are unintentionally hidden, such as merchandise falling into a purse or bag without the shopper’s knowledge. Proving the concealment was accidental and not intended for theft can nullify the accusation.
- Ownership or Right to Possess: Claiming ownership or the right to possess the allegedly stolen merchandise, supported by evidence, can invalidate shoplifting charges. This defense requires demonstrable proof of ownership or permission to take the item.
- Insufficient Evidence: Highlighting the lack of concrete evidence or disputing the evidence’s validity can challenge the prosecution’s case. This includes questioning the reliability of surveillance footage, witness testimonies, or the interpretation of the accused’s actions.
The Value of an Attorney
Any time you have been apprehended for or accused of shoplifting, it is important to have representation by a knowledgeable criminal defense attorney. Whether or not you left a store with unpaid merchandise, you may be able to reduce charges, fines and penalties with the help of a lawyer.
Even if you are innocent, you should have representation from an attorney. If a store believes you stole merchandise or intended to steal merchandise, it is difficult to prove your innocence without the help of a legal professional who has experience with these cases.
Never take a chance with a conviction on your record. Get legal help to keep your record as clean and safe as possible.
Frequently Asked Questions About Shoplifting in Houston
In a Shoplifting Case, Can Your Social Media Posts Be Used Against You?
The short answer is yes, information shared on social networks does not have privacy rights, so virtually any post you make on social media can be used against you. In court cases, it has been held that even “private” posts are regarded as public activity. Many convictions have occurred as the result of errors made by defendants on social media, including posing with stolen goods, bragging about crimes committed, and posting details of conversations with their attorney in violation of attorney-client privilege
For the best results, Lisa Shapiro Strauss recommends staying off social media altogether, if possible, to reduce the chance of saying or posting something you will regret later.
Does Shoplifting Technology Have the Potential to Falsely Accuse Someone of Stealing Things?
The technology used in shoplifting can certainly make mistakes that can result in unfair arrests. Here are some of the most common problems:
– Facial Recognition software uses certain facial characteristics- like head shape, jaw line, and ear shape- that can easily be mistaken from person to person.
– Trackable chips are inserted into valuable items that use RFID technology, but sometimes employees forget to take them out after a purchase.
– Video Analytic Software is a type of software that works to determine if suspicious activity is occurring, but it can sometimes misinterpret something as simple as reaching into a purse as shoplifting.
What Are Security Guards Allowed To Do If They Suspect Someone Is Shoplifting
Security guards aren’t bound by the same laws as police officers, so they don’t have to do things like read you your rights, or even tell you the truth. But, that doesn’t mean they can detain you without probable cause. If they do detain you, the best thing to do is to politely cooperate, but do not make any statements, sign any documents, or consent to any searches until you speak with a lawyer.
Talk to an Experienced Shoplifting Attorney
With 25 years of experience in criminal defense, Lisa Shapiro Strauss has the experience and knowledge to aggressively defend her clients and their rights. As a former prosecutor, she knows how to represent each of her clients in the best way possible. Call 713-449-9922 today or fill out the contact form on our website for a free consultation in your shoplifting case.
