How Does the Government Prove Theft?
The prosecution must prove, beyond a reasonable doubt, that you intentionally or knowingly took property with the intent to permanently deprive the owner, without the owner’s consent.
How do you prove intent? Some evidence of intent to permanently deprive someone of their property can be inferred by breaking or prying windows or doors with the lock intact; pulling on doors with windows broken; tearing down iron bars from inside a building without having been seen by anyone outside.
The best argument for there being a lack of intent is to argue that the taking was an accident or mistake. This happens frequently with shoplifting cases. Someone goes through a self-checkout line and pays for all the items in their basked but forgets the $100 bag of dog food on the bottom of the basket. There is a strong argument that this was an accident or mistake. Any doubt that can be raised regarding the criminal intent of the accused can provide a criminal defense attorney the opportunity to possibly receive a theft dismissal.
What’s the Difference Between Theft and Shoplifting in Texas?
Although the terms are different, the crimes of Theft and Shoplifting define the same act according to Texas law. Theft and shoplifting are both punished in Texas when a person takes property from a merchant with the intent to permanently deprive the rightful owner of their property.
What Happens When I Get Arrested for a Shoplifting or Theft Crime?
Once arrested for the crime of theft or shoplifting, you will be transported to the county jail, processed by the magistrate judge and given a bond. During this time, the police then investigate the situation, including your arrest, whether the alleged theft crime can be proven, and collect evidence at the scene. They will call witnesses to see what they can corroborate about your guilt or innocence.
In some cases of retail theft, it is discovered that theft has occurred when patrons enter a store with large shopping bags filled with items from other stores nearby, approach clerks without paying attention to whether there is someone nearby who might be watching, make small purchases but refuse to pay for them after getting some change back, distribute something to other people in the store, and fail to return merchandise.
Suppose you are arrested for theft or shoplifting over $100. In that case, the police will probably take fingerprints, pictures of tattoos, or marks, ask about your background, including family life, work history, educational experience, medical history, and psychiatric history.
The goal of this investigation is to determine if there is probable cause that you committed a crime.
What Can I Do if I Am Sued for Theft?
You should consult with an experienced Fort Worth criminal defense attorney to help defend you against the allegation. You may be able to negotiate with the merchant to drop the civil complaint. If that doesn’t work, then you should consult with a criminal defense attorney in Fort Worth to defend your rights and freedom against theft allegations.
Do I Need an Attorney to Fight My Theft Charge?
Yes, if you have been accused of theft, hiring a Fort Worth Criminal Lawyer who specializes in defending your charge is necessary. The Fulgham Law Firm offers a boutique criminal practice that passionately and aggressively defends the accused. Let us help you fight theft charges.
The Fulgham law firm is a team of experienced and aggressive former prosecutors offering representation to those facing criminal charges – including theft – here in Fort Worth, Texas. Attorney Mr. Fulgham handles all charges involving property crimes such as burglary, theft, or robbery in the North Fort Worth area along with other property offenses south of the Trinity River and Northeast Fort Worth areas, including Weatherford Highway but not limited to those areas listed above.
How Can a Fort Worth Theft & Shoplifting Lawyer Help Me?
The attorneys at the Fulgham Law Firm provide aggressive, forthright representation to those accused of shoplifting or theft crimes throughout Tarrant County and the surrounding areas, including Fort Worth, Weatherford, Southlake Denton, and Arlington.
We have been providing legal services to our clients for almost 20 years. Our team consists of experienced professionals who know what it takes to get the job done right! In addition, we treat our clients like family from day one. When working with us, you will get personalized attention and will never be shipped off to just another attorney. We believe that you should always have access to your Criminal Defense Attorney as much as possible.
Our firm offers a free case evaluation where we review your case report, discuss the facts of your case, and provide you with an honest assessment of your legal options moving forward.
We know how overwhelming these situations can be for our clients and their loved ones, which is why we take the time to fully understand all aspects of your case before providing any specific advice or recommendations.
You’ll receive a complete explanation of what we think the best course of action would be moving forward at no cost or obligation. If you’re interested in speaking with us about the details surrounding your shoplifting arrest, then contact us today!
