Retail theft is a serious matter in Texas.
Today, Fort Worth shoplifting lawyers are busier than ever, mostly with conspiracy shoplifting rings. Insider shoplifting is a good example. These operations usually involve at least three people (a shopper who takes merchandise without intending to pay for it, a cashier who under-rings the selection, and a receipt-checker who looks the other way).
Big retailers aggressively pursue these matters, and they expect legal authorities to do the same. Most Tarrant County-area courts are willing to oblige to keep these large employers happy.
On paper, retail theft cases are very easy to prove. In court, things are different. These matters are very complex, and only an experienced Fort Worth shoplifting lawyer, like Kyle Whitaker, can successfully resolve these matters. Because these matters have so many moving parts, an attorney has several opportunities to reduce or eliminate the harsh direct and indirect consequences of a retail theft conviction.
Challenging the Evidence
The evidence in a shoplifting case usually includes testimony from at least one non-police witness. If the matter is not a single-witness case, evidence problems, specifically testimonial evidence problems, are inevitable.
Legally, shoplifting (theft) is taking property without the consent of the owner. Therefore, the owner must testify in court as to the taking.
Note that the requirement is not to permanently take the property. Shoplifting charges could hold up in court if a store detective apprehends the defendant before s/he leaves the store.
Usually, for the sake of convenience, the state names this store detective as the owner. This strategy is legally permissible since the store detective has a superior right of possession. This strategy is also risky for the state.
The trial date might be at least a year after the offense date. By that time, the store detective has usually relocated, often beyond the court’s subpoena range. Furthermore, these people often do not voluntarily cooperate with prosecutors. They do not care about a former employer’s lost property.
Quite simply, if there is no witness, there is no case. Rather than scramble to find another witness, most prosecutors are agreeable to lax plea bargain agreements.
Resolving the Case
In many cases, a Fort Worth shoplifting lawyer basically skips the evidence-challenging phase and moves straight to the resolution phase.
Theft is a potentially violent crime (Paul may shove someone as he makes his getaway), but that possibility is remote. Instead, theft is usually a nonviolent crime, which means it is low on the priority list. Additionally, as far as many prosecutors are concerned, theft is a civil matter that doesn’t merit their involvement.
So, pretrial diversion is usually available, especially if the store did not actually lose any merchandise. Program requirements vary in different courts. Usually, however, prosecutors dismiss the case if defendants stay out of trouble for a few weeks and jump through a few other hoops.
If pretrial diversion is unavailable, a deferred disposition is almost always on the table. The court places the defendant on probation. If the defendant successfully completes probation, which is different from perfectly completing probation, the judge dismisses the case.
In both cases, a conviction does not stain the defendant’s permanent record. That’s usually the best possible outcome in any criminal defense matter.
Connect With a Diligent Tarrant County Lawyer
Criminal offenses have serious direct and collateral consequences. For a confidential consultation with an experienced criminal defense attorney in Ft. Worth, contact the Law Office of Kyle Whitaker. Convenient payment plans are available.