Dallas Shoplifting Lawyer | Theft Defense Attorneys

If you’ve been arrested for shoplifting in Dallas, you’re facing more than a fine or embarrassment. A theft conviction creates a permanent criminal record that shows up on background checks for years. Employers, landlords, and professional licensing boards routinely deny applicants with theft on their record because it raises questions about honesty and trustworthiness.

The good news is that shoplifting charges can often be reduced or dismissed entirely with the right defense strategy. At Varghese Summersett, our Dallas criminal defense attorneys have secured more than 1,600 dismissals and 800 charge reductions for clients across Texas. We understand what’s at stake and know how to protect your future.

What Counts as Shoplifting Under Texas Law?

Texas doesn’t have a separate “shoplifting” statute. Instead, shoplifting is prosecuted under the state’s general theft laws found in Texas Penal Code § 31.03. Under this statute, a person commits theft when they unlawfully appropriate property with the intent to deprive the owner of that property.

In retail settings, this includes concealing merchandise, removing price tags, switching labels to pay less than the actual price, and walking out without paying. Loss prevention officers and store security are trained to watch for these behaviors and often detain suspected shoplifters until police arrive.

Many people don’t realize that simply concealing an item can be enough for an arrest, even if you haven’t left the store. Texas law also makes it illegal to possess devices used to remove security tags or sensors. Under Texas Penal Code § 31.15, possessing tools designed to commit retail theft is a Class A misdemeanor punishable by up to one year in jail.

Common Questions After a Shoplifting Arrest

When clients call our office after a Dallas theft arrest, they typically have the same concerns. Will I go to jail? Can I lose my job? Will this be on my record forever? The answers depend on several factors, including the value of the merchandise, your criminal history, and whether you take immediate action to build a defense.

Many first-time offenders qualify for diversion programs that can keep a conviction off your record entirely. Dallas County diversion programs allow eligible defendants to complete community service, theft education classes, and other requirements in exchange for having their case dismissed. But these programs aren’t automatic. You need an attorney who knows how to get you into the right program and guide you through the process.

Penalties for Shoplifting in Dallas

The punishment for shoplifting in Texas is based primarily on the value of the stolen merchandise. Texas law establishes several thresholds that determine whether you face a misdemeanor or felony charge.

• Under $100: Class C misdemeanor, punishable by a fine up to $500 (no jail time for a first offense)
• $100 to $750: Class B misdemeanor, punishable by up to 180 days in county jail and fines up to $2,000
• $750 to $2,500: Class A misdemeanor, punishable by up to one year in county jail and fines up to $4,000
• $2,500 to $30,000: State jail felony, punishable by 180 days to 2 years in state jail and fines up to $10,000
• $30,000 to $150,000: Third-degree felony, punishable by 2 to 10 years in prison

Prior convictions can enhance the charge. Under Texas Penal Code § 31.03(e)(4)(D), theft of property under $2,500 becomes a state jail felony if you have two or more prior theft convictions. This means a small-value shoplifting case can suddenly become a felony because of past mistakes.

If you’re concerned about facing charges, talk to a lawyer before you speak to police. Our Dallas criminal defense attorneys offer free consultations and can explain your options right away.

What to Expect for Bond

If you’re arrested for shoplifting in Dallas County, you’ll likely be taken to the Lew Sterrett Justice Center for booking and processing. Most misdemeanor shoplifting charges allow for release on a personal recognizance bond or relatively low bail amount.

For a Class B misdemeanor theft ($100 to $750), the most common bond set in Texas is $500, though the average runs slightly higher depending on criminal history and other factors. For Class A misdemeanor theft ($750 to $2,500), bonds typically range from $1,000 to $2,000. State jail felony theft charges carry higher bonds, often starting at $2,500 and increasing based on the defendant’s background.

Having an attorney contact the court before your first appearance can help secure a lower bond amount. At Varghese Summersett, we work to get clients released as quickly as possible so they can return to their jobs and families while we build their defense.

How We Defend Shoplifting Cases

Every shoplifting case is different, but certain defense strategies appear frequently in successful outcomes. Our attorneys examine every aspect of the arrest and evidence to identify the strongest approach for each client.

Loss prevention officers sometimes make mistakes. They may detain someone based on a hunch rather than actual observation of theft. They may lose sight of the suspect and accuse the wrong person. They may exaggerate what they saw in their report. Security camera footage often tells a different story than the incident report, and we know how to obtain and analyze that evidence.

Intent is a required element of theft. The prosecution must prove you intended to steal the merchandise. Forgetting an item in your cart, being distracted by children, or misunderstanding a self-checkout process are all circumstances that can negate intent. We’ve successfully argued these defenses to get charges dismissed.

Constitutional violations can result in suppressed evidence or dismissal. If police searched you without probable cause, obtained statements without reading your Miranda rights, or violated your rights during the arrest, we can file motions to exclude that evidence from trial.

Case Example: Theft Charge Dismissed in Grand Prairie

In a recent case, our client was accused of theft under $100 at a Grand Prairie retail store. The loss prevention officer claimed to have witnessed our client conceal merchandise, but the store’s own security footage contradicted key details in the report. Attorney Ashley Feldt challenged the evidence, and the prosecutor dismissed the case entirely. (Past results do not guarantee future outcomes.)

The Court Process After a Shoplifting Arrest

Understanding what happens after an arrest can reduce anxiety and help you make better decisions. Here’s what to expect in Dallas County criminal courts.

After booking, you’ll receive a court date for your arraignment. This is where you’ll enter a plea and learn about the charges against you. For misdemeanor cases, the arraignment often happens within a few weeks. Felony cases go through a grand jury process first.

Between arraignment and trial, your attorney will engage in discovery, which means obtaining all evidence the prosecution has against you. This includes police reports, witness statements, security footage, and any other documentation. We use this evidence to build your defense and identify weaknesses in the state’s case.

Most shoplifting cases don’t go to trial. Many are resolved through plea negotiations, diversion programs, or dismissal. Our attorneys are skilled negotiators who know how to work with Dallas County prosecutors to achieve the best possible outcome. But if your case does go to trial, we’re prepared to fight aggressively in the courtroom.

Organized Retail Theft: A Growing Concern

Texas has cracked down on organized retail theft in recent years. Under Texas Penal Code § 31.16, engaging in organized retail theft carries enhanced penalties. If prosecutors believe you were working with others to steal merchandise, or that you intended to resell stolen goods, you could face charges under this statute.

Organized retail theft becomes a state jail felony when the value is between $750 and $2,500, and the penalties escalate from there. If you’re accused of being part of a theft ring or repeatedly targeting retail stores, the consequences can be severe. Learn more about organized retail theft charges in Texas and how we defend against them.

Self-Checkout Theft Cases

Self-checkout technology has created a new category of theft accusations. Stores use surveillance systems and AI-powered software to flag customers who allegedly fail to scan items or manipulate the checkout process. But these systems aren’t perfect, and false accusations happen regularly.

We’ve defended many clients accused of self-checkout theft who made honest mistakes. Scanning errors, bagging issues, and confusing interfaces can all result in unintentional underpayment. When store security relies solely on algorithm flags rather than human observation, the evidence against you may be weaker than it appears.

Theft Intervention Programs

First-time offenders in Dallas County may qualify for theft intervention programs that can result in dismissal of charges. These programs typically require completion of a theft education course, community service, restitution to the store, and staying out of trouble for a specified period.

Successfully completing a diversion program means no conviction on your record. The arrest record may also be eligible for expunction, which removes it from public databases entirely. Our attorneys can evaluate your eligibility for these programs and advocate for your admission. Read more about theft intervention programs and how they work.

Juvenile Shoplifting Defense

When a minor is accused of shoplifting, the stakes are different but equally serious. Juvenile theft cases are handled in the juvenile justice system, which focuses more on rehabilitation than punishment. However, a juvenile record can still affect college admissions, financial aid, and future employment opportunities.

Our firm handles juvenile shoplifting defense cases with sensitivity and strategic focus. We work to get charges dismissed or resolved through programs that don’t leave a lasting mark on a young person’s future.

What to Expect From Varghese Summersett

When you hire our firm, you get a team of more than 70 legal professionals working on your behalf. We have offices in Fort Worth, Dallas, Houston, and Southlake, giving us a strong presence throughout the North Texas court system. Our attorneys appear in Dallas County courts daily and have established relationships with local prosecutors and judges.

We believe in honest communication. From your first consultation, we’ll explain the strengths and weaknesses of your case, the likely outcomes, and the steps we’ll take to achieve the best result. You’ll have direct access to your attorney throughout the process, not just a paralegal or assistant.

Our track record speaks for itself. With 1,600+ dismissals and 800+ charge reductions, we’ve helped thousands of clients protect their futures. We’ll bring that same dedication to your case.

Don’t wait to get legal help. Evidence can disappear, memories fade, and early intervention often produces better outcomes. Schedule a free consultation with one of our Dallas theft defense attorneys today by calling (214) 903-4000.

Frequently Asked Questions

Can shoplifting charges be dropped?

Yes. Shoplifting charges are frequently dismissed, especially for first-time offenders who complete diversion programs or when the evidence doesn’t support the accusation. An experienced attorney can identify weaknesses in the prosecution’s case and negotiate for dismissal.

Will I go to jail for shoplifting in Dallas?

Jail time is possible but not automatic. Most first-time misdemeanor shoplifting offenses can be resolved without incarceration through probation, diversion programs, or fines. Felony theft charges and cases involving prior convictions carry more serious jail or prison exposure.

How long does a shoplifting charge stay on my record?

A conviction stays on your record permanently unless you obtain an expunction or order of nondisclosure. Cases resolved through diversion programs are often eligible for expunction, which removes all records of the arrest and charge from public databases.

Do I need a lawyer for a misdemeanor shoplifting charge?

Even a misdemeanor theft conviction can cause lasting damage to your career and reputation. Employers routinely reject applicants with theft records, regardless of the value involved. An attorney can often get charges reduced or dismissed, protecting your record and your future opportunities.

Can a store ban me after a shoplifting accusation?

Yes. Retailers have the right to ban anyone from their property, even if criminal charges are never filed or are later dismissed. Many retail chains share information about accused shoplifters, which can result in bans from multiple locations.

Protect Your Future Today

A shoplifting charge doesn’t have to derail your life. With experienced legal representation, you can fight for a dismissal, reduced charges, or a resolution that keeps your record clean. Our Dallas criminal defense attorneys have the knowledge and courtroom experience to give your case the attention it deserves.

Call Varghese Summersett today at (214) 903-4000 for a free consultation. We’re available 24/7 to take your call and begin working on your defense.