Get Your FREE Copy of the Book by Stephen Hamilton Exposing the Truth
Secrets of the Texas Criminal Justice System and Your Rights
In Lubbock, shoplifting it described as an act of theft. Meaning that a person has attempted to conceal or remove property from the store or from the rightful owner. Many people will say they got arrested for shoplifting, but the actual charge is that of a theft. Classifications for shoplifting theft charges will depend on the value of property. If it is over a $100, it can be classified as a Class B misdemeanor. But if it is under $100, it is a Class C misdemeanor.
What constitutes shoplifting in Lubbock the same thing as in the other thefts. It is taking of property from another with intent to deprive the rightful owner of the actual property. Penalties for can be costly, so it is important to build a defense as soon as possible with the help of a Lubbock shoplifting attorney. An experienced theft attorney can work hard to get a positive outcome for their client’s shoplifting case in Lubbock.
The prosecutor will need to prove that the retail theft was intentional. This is key because Texas code specifically identifies shoplifting with intention. The court must be sure the individual committed the theft in order to intentionally deprive the rightful owner of a piece of property or with the intent to deprive permanently.
Shoplifting Penalties
For shoplifting theft offenses in Lubbock, if it is a first offense and they are being convicted of theft for something under $100, it is considered a Class C. If it is $20 to $100 to $750, it is a Class B. From $750 to $3,500, it is a Class A misdemeanor.
If a person has been previously convicted, they are not going to be eligible for the Class C. Even if the person has taken under a $100. If they have a prior conviction, it would bump it up to the Class B misdemeanor. They have two prior convictions, even though they are misdemeanors. It will be advanced to a felony and therefore warrants immediate contact with a Lubbock shoplifting attorney.
Evidence
A Lubbock shoplifting defense lawyer will want to examine all of the evidence in the case. Important pieces of evidence can be videos that show if the person shoplifted as well as any potential witnesses such as the person watching the security cameras.
An important aspect in building a defense for a Lubbock shoplifting charge is knowing the client’s arrest and criminal records as well as their motivation for mitigation purposes. If possible, they can show the jury and judge that, if guilty, this is the defendant’s first-time offense. If the individual can demonstrate that there was a need for the theft, while it does not justify the action, it could be treated differently by the court. Most people will treat the case differently if the defendant was forced and threatened. For example, a mom with three kids that stole food at the grocery store so her kids could eat.
Just because somebody might have accused an individual of retail theft, it does not mean the person is guilty or can prove it. A lawyer can prevent the person from automatically confessing to the police when there is so much liability.
With a lawyer, a person is more comfortable and has an advocate who helps them understands the law. With a Lubbock shoplifting lawyer, a person has somebody protecting him or her from himself or herself, so that he or she does not do or say things that can be used against the person later.
Arraignment
A Texas arraignment for a shoplifting offense is a straightforward hearing typically, used to set the bond. Once the judge sets the bond. It is often then executed in a formal way so then attorneys go back to enter a plea of not guilty.
With a jail arraignment, a shoplifting attorney in Lubbock can move the bond be posted when they book the person. Leading to a faster processing time. In certain circumstances, the attorney can also facilitate the bond and help the client get out of jail.
Contacting a Shoplifting Attorney
It is best to contact a Lubbock shoplifting lawyer as soon as possible. For clients who call or parents who call when the client is in jail, lawyers may have been able to help to get the person out of jail much quicker than a person might normally get out of jail. Also, it gives lawyers a chance to start working on the case. In this state, people move, so evidence disappears. It is not some conspiracy, but with videos, for example, stores are not going to save that data forever. Hospitals tend to save it for about 30 days, so if that video is needed. Lawyers have to get a subpoena issued before the hearing and get it within 30 days. Or that video is not going to be available. That is why it is important to have the lawyer start sooner rather than later.
It is always good to have someone local to Lubbock, as those lawyers get to know the prosecutor and the District Attorney working on the case. Some jurisdictions have a tough policy on things like that, while others may be a little bit more forgiving. Experienced shoplifting lawyers who have been practicing in Lubbock for years know the prosecutors in that office. They know which prosecutors may be a little bit tougher on them and which prosecutors will want certain things that other prosecutors might not want. It is good to have an idea of this which is learned from being in that court room with them on a daily basis.