What To Expect From A Theft Case

Facing a theft accusation can feel like the ground is shifting beneath your feet. Whether you’ve been caught up in a misunderstanding or you’re facing serious charges, the path ahead might seem confusing and overwhelming. You’re not alone — thousands of people every year find themselves navigating the legal system, wondering what’s next.

From the moment theft is reported to the final resolution in court, the process is full of crucial decisions that can impact your freedom, your reputation, and your future. But knowledge is power. Understanding each step of the theft case process can help you prepare and protect your rights every step of the way.

In this guide, we’ll walk you through what to expect—from the initial police investigation to possible trial outcomes—so you can approach your case with clarity and confidence. Here’s everything you need to know about how a theft case unfolds and how to safeguard yourself along the way.

Reporting of the Theft

Theft is typically reported by the victim, who is legally referred to as the “complaining witness” or “complainant.” This can be an individual or a business, depending on the nature of the theft. Timing is critical in theft cases, as reporting the crime quickly can impact how efficiently the case is handled by law enforcement.

For example, in cases of retail theft, store employees or security personnel may notice the theft immediately and report it to the police within minutes, allowing authorities to begin their investigation while evidence is still fresh. In other situations—such as theft from a home or business—victims may not notice the crime until hours or even days later, which can affect the ability to gather clear evidence.

Evidence plays a pivotal role from the very start. The sooner a theft is reported, the more likely it is that key evidence, such as security camera footage, witness statements, or physical items related to the theft, can be preserved. In retail or commercial theft cases, businesses often have surveillance systems that can provide critical visual proof of the crime. For personal theft, such as burglary, the victim’s immediate actions—like documenting the scene and compiling any missing items—can make a significant difference in building a strong case.

If you are the one being accused, it’s essential to understand that the evidence presented during this phase can set the tone for the rest of the case. Contacting an experienced Houston theft attorney right away ensures you have someone on your side to begin countering the evidence and protecting your rights from the outset.

Investigation by Police

Once a theft is reported, the police begin their investigation to determine if there’s enough evidence to proceed with the case. The investigation process can vary depending on the severity of the theft and the available evidence.

Common investigation methods include:

• Interviewing witnesses: The police may talk to the victim, employees, or other witnesses to gather more details about the incident. 
• Reviewing surveillance footage: In many cases, especially with retail or commercial theft, the police will request any available security camera footage to identify the suspect and corroborate the victim’s claims.
• Gathering physical evidence: The police may collect items such as stolen property, fingerprints, or tools used in the theft. If the crime took place in a store or business, investigators will often request access to inventory records and sales data.

If the police have questions about the alleged crime, they may attempt to contact the person accused of the theft. It’s important to understand that how you handle this stage is critical.

If you are being accused of a crime, the police may try to obtain a statement from you. Do not speak to them directly without an attorney. Often, the police will imply that cooperating might help your case, but this is rarely true. Their primary goal in speaking with you is to gather evidence or statements that could potentially strengthen the prosecution’s case.

Arrest

If the police gather enough evidence during their investigation, they may either arrest the accused immediately or file a warrant for their arrest. The timing and manner of the arrest can vary depending on the situation.

In some cases, such as a shoplifting incident, the police may arrest the accused on the spot. For other types of theft, such as burglary or embezzlement, the accused may not even know they are under investigation until a warrant has been issued for their arrest. If there is a warrant, the police may arrive at the person’s home or workplace to make the arrest, or they may be stopped during a routine traffic stop and taken into custody.

For individuals who suspect they are under investigation or have reason to believe a warrant has been issued, it’s important to act quickly. Arranging a “non-arrest bond” through a local bail bondsman can help avoid a sudden and potentially embarrassing arrest. With a non-arrest bond, the accused can post bail and avoid being taken into physical custody. This is particularly useful for professionals or individuals who want to avoid the stress and stigma of a public arrest.

Once arrested, the accused will be taken to the county jail for booking. This process includes taking fingerprints, photographs (a mugshot), and personal information. After booking, the accused will either:

1. Post bail to secure their release, or
2. Remain in custody until a bail hearing can be held, typically within 48 hours.

Understanding Bail

Bail is a financial guarantee that ensures the accused will appear in court. Bail amounts can vary based on the severity of the crime, the accused’s criminal history, and any potential flight risk. For first-time theft offenses, bail may be set relatively low, while repeat offenses or cases involving significant financial loss may result in a higher bail amount or more restrictive bail conditions.

If bail is set, the accused or their family can pay the full amount, or they can work with a bail bondsman who will post the bond in exchange for a percentage of the total bail (usually 10%). In some cases, a judge may choose to deny bail altogether, particularly if the accused has multiple pending cases, is considered a flight risk, or if the theft involved violence.

What to Do If Arrested

If you are arrested, it is crucial to remain calm and follow these key steps:

• Invoke your right to an attorney immediately. Anything you say to the police can be used against you, so avoid making any statements until your attorney is present.
• Contact a bail bondsman if you believe bail has been or will be set. This can help expedite your release.
• Prepare for arraignment, which usually happens within a few days of the arrest. This is the first formal court appearance where you will be informed of the charges against you and given the opportunity to plead guilty, not guilty, or no contest.

The arrest phase is one of the most critical in the theft case process. How you handle it can significantly impact the rest of your case. Consulting with an experienced attorney immediately after your arrest can help you navigate this complex legal landscape and increase your chances of a favorable outcome.

Arraignment

The arraignment is the first formal court appearance after an arrest, and it marks a critical point in the theft case process. At this stage, the accused is officially informed of the charges being brought against them and will have the opportunity to enter a plea.

What Happens at an Arraignment?

During the arraignment, the judge will:

1. Read the charges: The judge will formally announce the theft charges against the accused.
2. Ask for a plea: The accused will then be asked to enter a plea to the charges, such as guilty, not guilty and no contest..
3. Determine legal representation: The judge will ask whether the accused has an attorney or needs a court-appointed attorney.
4. Address bail: If the accused hasn’t already been released on bail, the judge may revisit the issue of bail during the arraignment.

The Importance of Discovery at Arraignment

Texas law, specifically the Michael Morton Act, requires the prosecutor to begin providing the defense with any evidence related to the case. This process is called discovery and includes:

• The offense report, which details the crime as recorded by law enforcement.
• Any evidence the prosecutor intends to use, such as witness statements, surveillance footage, or physical evidence.

At arraignment, the defense attorney should immediately request all available discovery materials. This allows them to begin building a defense strategy based on the strengths and weaknesses of the prosecution’s case. Early access to this information can be crucial in negotiating plea deals or preparing for trial.

Pretrial Hearings

Once the arraignment is complete and the accused has entered a plea, the case enters the pretrial phase, which often involves multiple hearings over the course of several weeks or even months. During these hearings, both the defense and the prosecution work to gather evidence, exchange information, and prepare their arguments. This phase is crucial for shaping the direction of the case, and many theft cases are resolved during pretrial without ever going to trial.

Key activities during this phase include:

• Evidence Exchange (Discovery): During the pretrial phase, both the defense and prosecution engage in discovery, which is the process of exchanging evidence and information relevant to the case. This could include police reports, witness statements, physical evidence and more.
• Pretrial Motions: Pretrial hearings are often used to address legal motions filed by either side, such as a motion to suppress evidence or a motion to dismiss the case. These motions can significantly affect the case.
• Plea Negotiations: Many theft cases are resolved through plea negotiations rather than going to trial. Plea deals may include reduced charges, probation instead of jail time, or deferred adjudication.

What to Expect at Pretrial Hearings

Pretrial hearings can be repetitive and drawn out, with both sides often requesting additional time to gather evidence or negotiate. As the accused, you will likely attend these hearings with your attorney, although many of the negotiations and legal maneuvers happen behind the scenes between the attorneys.

It’s important to stay patient and prepared during this time. Your attorney will guide you through the process and keep you informed of any developments, including possible plea deals or changes in the prosecution’s approach. If the case cannot be resolved during pretrial, the next step is to prepare for trial.

Trial

If the case cannot be resolved during the pretrial phase through motions or plea negotiations, the next step is the trial. The trial is the stage where the prosecution and defense present their cases in front of a judge and, in most cases, a jury. 

Before the trial begins, both the defense and prosecution will finalize their strategies. This includes reviewing all the evidence, witness testimonies, and legal arguments that will be presented in court. 

The Trial Process

Once the jury is selected, the trial proceeds in a series of stages:

• Opening Statements: Both the prosecution and defense will make their opening statements, laying out their version of the events and what they aim to prove during the trial. 
• Presentation of Evidence: The prosecution will present their evidence first. After each witness or piece of evidence is presented, your defense attorney will have the opportunity to cross-examine the prosecution’s witnesses, challenging the reliability and relevance of the evidence.
• Defense Case: Once the prosecution has finished presenting their case, the defense will have the chance to present evidence and call witnesses.
• Closing Arguments: After both sides have presented their cases, they will make closing arguments. This is the last opportunity to sway the jury before they deliberate.
• Jury Deliberation and Verdict: The jury will review the evidence and discuss the case to determine whether the prosecution has proven the defendant’s guilt. In some cases, the jury may be unable to reach a unanimous decision, which could result in a mistrial.
• Sentencing: If a guilty verdict is reached, the next step is sentencing. In some cases, the sentencing will occur immediately after the verdict, while in others, it may be scheduled for a later date.

If the trial ends in a not guilty verdict, the defendant is free to go, and the case is closed. However, if the verdict is guilty, there may be options for appeal.

Appeal

If the trial ends with a guilty verdict, the case may not necessarily be over. Defendants have the option to file an appeal, which challenges the legal decisions made during the trial. An appeal is not a retrial, but rather a request for a higher court to review the trial court’s proceedings for errors that may have affected the outcome.

Unlike the trial, which focuses on presenting evidence and facts, the appeal process focuses on the application of law. The defense argues that the trial court made a significant error — such as allowing improper evidence, giving incorrect jury instructions, or mishandling procedural matters — that justifies reversing the conviction, modifying the sentence, or even granting a new trial.

The Appeal Process

The appeals process in a theft case generally follows these steps:

1. Notice of Appeal: After a guilty verdict is issued, the defendant has a limited window (typically 30 days in Texas) to file a Notice of Appeal with the court.
2. Appellate Brief: The defense attorney will then prepare and file an appellate brief, which outlines the legal arguments for why the conviction or sentence should be overturned. The prosecution will also submit a brief arguing against the appeal.
3. Oral Arguments: In some cases, the appellate court may hold oral arguments, where both the defense and the prosecution present their cases before a panel of judges. 
4. The Appellate Decision: After reviewing the briefs and hearing arguments (if applicable), the appellate court will issue a decision. This decision could take several months.

Navigating the appeals process is complex and requires a deep understanding of legal precedent, court procedures, and trial records. Having an experienced criminal defense attorney who specializes in appeals can greatly increase your chances of success.

Answers to Your Questions About Theft Charges

Get Help from a Houston Theft Attorney

If you’ve been accused of a theft crime in Houston or a surrounding area, contact criminal defense attorney Lisa Shapiro Strauss today for assistance.

Lisa has successfully defended clients across the Houston area who have been charged with theft and other crimes. In many instances, Lisa’s representation has resulted in lesser charges or even dismissal of charges for her clients. Call (713) 429-7310 today to schedule a free consultation.