How Can I Prove I Accidentally Shoplifted in Texas?

 Posted on August 12, 2024 in Criminal Defense

Shoplifting, also known as retail theft, can carry severe penalties in Texas. Whether classified as a felony or misdemeanor, a shoplifting charge can be frightening if you did not mean to steal merchandise. It is not unheard of for well-meaning people to accidentally walk away with products they did not purchase. This is especially true as self-checkout machines continue to replace cashiers. Forgetting to scan an item can be a genuine mistake — but the retailer may not know that.

This article will discuss what a store is legally permitted to do if you are suspected of shoplifting, how you can prove you did so accidentally, and how to contact a Texas retail theft defense attorney to help build your case.

What Can a Store Do If I Take an Item Without Paying?

Under Texas law, a merchant who reasonably suspects someone of stealing has "shopkeeper’s privilege" and may take the following actions:

• The merchant may detain that person in a reasonable manner for a reasonable amount of time while investigating the incident. The term "reasonable" is vague, so how a court views it will depend on the specific circumstances of the case. 
• The merchant can call law enforcement. Stores sometimes call the police and detain suspected shoplifters until law enforcement arrives.
• Instead of calling law enforcement, a store can offer a suspected shoplifter the option of participating in a theft education program. This is a way of trying to instill responsible social behaviors within the individual and hopefully prevent him or her from committing theft again.

Texas classifies retail theft as a misdemeanor or felony based on the value of the stolen merchandise. If the merchandise is valued under $2,500, it is considered a misdemeanor. Anything over that amount may be charged as a felony.

How Can I Prove I Shoplifted By Accident?

Even if you try to explain your case to the merchant and the police, you can still be charged with retail theft. However, for someone to be convicted of retail theft, the prosecution must prove that he or she had intent to deprive the store owner of property. Furthermore, intent must be proven beyond a reasonable doubt, which places a heavy burden of proof on the prosecution.

A claim of accidental shoplifting will also depend on evidence, which your attorney can help you gather. Since many stores have surveillance cameras installed, security footage may support your case. For example, if video records show that you were pushing a stroller with a screaming child and you left the store without removing an item from the carriage, it may cast significant doubt on the prosecution’s claim that you had intent.

Contact an Atascosa County, TX Retail Theft Defense Attorney

Shoplifting carries a range of penalties depending on the type of misdemeanor or felony. If you did not mean to steal an item, it is crucial to make sure you have as much evidence as possible to show that you did not have the intent to do so. The best way to prove this is to hire a Pleasanton, TX shoplifting defense lawyer with experience in defending retail theft charges.

At BRCK Criminal Defense Attorneys, every partner in our firm is either a former prosecutor or judge, so we know intimately what courts look for when deciding a shoplifting case. Call 830-769-1010 to schedule a free consultation with an English- or Spanish-speaking attorney today.