Houston, TX asked in Criminal Law for Texas

Q: My significant other and I were leaving a Walmart store and apparently the greeter grabbed my friends arm and some words

Were spoken which drew the att. of loss prevention. $94 dollars of items had missed being scanned and even though I was willing to cover what was missing they charged us both with theft.

Related Topics:
1 Lawyer Answer

A: Although you haven't asked a question, maybe I can provide you the answer you're looking for. In Texas, theft of property valued at less than $100 is a Class C misemeanor, punishable by a fine not to exceed $500. There is no jail time possible as a sentence for a Class C offense.

However, do not take this charge lightly. Theft is a crime of "moral turpitude", meaning that it is behavior that is considered immoral and wrong in and of itself. If you are found guilty of any kind of theft, you will have a theft conviction on your record which will follow you the rest of your life. It cannot be expunged or otherwise "removed" from your permanent record.

There are ways short of an outright dismissal or finding of "not guilty" by which you can avoid a theft conviction, but I will not go into those here. The point you should take away from this response is that you should get a lawyer and go over your choices with him or her.

Walmart usually videotapes customers as they as scan and pay for their purchases. You can be vitually certain that it was not the conversation between your partner and the greeter that got the attention of loss-prevention. It was what the loss-prevention employee saw on those video cameras as you checked out that got their attention.

Please see a lawyer asap and good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.