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The High Stakes of Black Friday Shopping 
Black Friday is one of the busiest shopping days of the year, and it often attracts massive crowds, eager for deals. Texas City’s Tanger Outlets, with its numerous brand-name stores, becomes a prime location for shoppers looking to take advantage of holiday sales. However, in the hustle and bustle of these high-traffic environments, accusations of shoplifting can happen more frequently than one might expect. Retailers are on high alert, and store security often intensifies their vigilance to prevent theft. Unfortunately, mistakes can occur, and innocent people may find themselves wrongly accused.
The heightened surveillance, increased foot traffic, and pressure of the sales day create an environment where even the most innocent actions can be misinterpreted as suspicious. Whether you’re accused of taking an item without paying for it or simply being in the wrong place at the wrong time, facing charges of theft can be a serious matter. However, understanding your defense options is the first step in protecting your rights.
What Does It Mean to Be Accused of Shoplifting?
Shoplifting, defined as the theft of goods from a retail store, is a criminal offense in Texas, and it can carry severe consequences. While some may view it as a minor crime, a shoplifting charge can have long-lasting effects on one’s criminal record, future job prospects, and reputation. Shoplifting can also involve felony charges if the value of the stolen goods exceeds a certain amount.The Zendeh Del & Associates, PLLC Team
Defense Options for Shoplifting Charges
If you’ve been accused of shoplifting, don’t panic. There are several defense strategies available that can help you avoid or mitigate the consequences of a criminal charge. Below are some of the most commonly used defenses in Texas shoplifting cases:Mistaken Identity
One of the most effective defenses in shoplifting cases is mistaken identity. In crowded shopping environments, it is not uncommon for store security or other witnesses to confuse individuals, especially during busy events like Black Friday. If your appearance or actions were similar to another individual, it is possible that you were wrongfully accused. Surveillance footage may show a person who looks like you, but that doesn’t necessarily mean you were the one who committed the alleged theft.Lack of Intent to Steal
In order to convict someone of shoplifting, the prosecution must prove that the individual intended to steal the items. If you accidentally walked out of a store with an item in your bag or didn’t realize you hadn’t paid for an item, you may be able to argue that there was no criminal intent. In these cases, a lack of intent can serve as a strong defense, especially if you have a credible explanation of how the item ended up in your possession.No Theft Actually Occurred
A common scenario is when someone is accused of taking something without actually removing it from the store or paying for it. Store security might mistakenly assume that an individual was attempting to steal, but there was no actual theft. If you didn’t leave the store with stolen merchandise or if no theft occurred at all, your attorney can challenge the charges and demonstrate that the evidence doesn’t support a criminal offense.Client
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These guys are amazing. They made a most horrific experience bearable. They treated me with respect and no judgment. I cannot describe how grateful I am for their representation with my case. 5 stars is not enough. I hope I never need them again but would ABSOLUTELY use them again and definitely recommend them.
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Jonathan Zendeh Del and Associates worked tirelessly on my case. They kept me informed every step of the way. In the end the got my case dismissed and I am so grateful that we out our trust in his law firm. I can honestly say the rumors were true. He really is the best.
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Improper Search and Seizure
Another defense may involve the manner in which the evidence was gathered. If store security or law enforcement officers didn’t follow proper procedures when detaining you or searching your belongings, any evidence they collected may be inadmissible in court. The Constitution protects individuals from unreasonable searches and seizures, and if your rights were violated, your attorney can file motions to suppress the evidence, which may lead to a dismissal of the charges.How Diversion Programs Can Help
In many cases, diversion programs offer a way to resolve shoplifting charges without a conviction. These programs are especially beneficial for individuals who are facing charges for the first time. Texas provides several types of diversion programs, often designed to rehabilitate the accused rather than punish them. The most common diversion programs include:Pretrial Diversion
Pretrial diversion is a program available for first-time offenders who are accused of non-violent crimes such as shoplifting. This program typically requires the accused to fulfill certain conditions such as completing community service, attending educational programs, or paying restitution to the store. If the accused successfully completes the program, the charges are dismissed, and no criminal conviction appears on their record.Deferred Adjudication
Deferred adjudication is another option that may be available for some individuals. Under this program, the individual pleads guilty or no contest to the charges, but the court defers the judgment. The individual is required to follow a set of conditions, such as probation or counseling, for a specified period. If they successfully complete the conditions, the charges are dropped, and the person is not convicted. However, if the individual violates the terms of the deferred adjudication, the court may proceed with sentencing.Case Results
Diversion for Juveniles
For younger individuals, Texas offers diversion programs specifically aimed at rehabilitating minors. If a juvenile is accused of shoplifting, they may be eligible for a diversion program that includes counseling, community service, or educational programs designed to help them make better choices in the future. These programs focus on rehabilitation rather than punishment, providing a second chance for young offenders to avoid a criminal record.Exploring the Potential for Dismissal
In some cases, the charges against you may be dismissed altogether, especially if there is insufficient evidence to support the shoplifting accusation. Dismissals can occur for several reasons, including:Insufficient Evidence
One of the most common reasons for the dismissal of charges is the lack of evidence to support the accusation. If the prosecution cannot prove beyond a reasonable doubt that the defendant committed the crime, the case may be dismissed. Surveillance footage, witness statements, and physical evidence play a crucial role in proving guilt or innocence. If the evidence doesn’t corroborate the shoplifting allegations, an experienced defense attorney may be able to argue for a dismissal.Violation of Your Rights
If law enforcement officers or store security violated your constitutional rights during the investigation, it could lead to the dismissal of charges. For example, if you were detained without probable cause or searched unlawfully, your attorney can file motions to suppress evidence, which may ultimately result in the case being dismissed.Lack of Criminal Intent or Action
If you can demonstrate that no theft occurred or that there was no intent to steal, this can be a powerful argument for having the charges dismissed. Sometimes, it may be that a mistake was made, and the prosecution cannot prove that a criminal act was committed.Why Legal Representation Matters
Facing accusations of shoplifting, particularly during an event like Black Friday, can be overwhelming. The pressure of the situation combined with the potential legal consequences can make it difficult to think clearly. Having an experienced criminal defense attorney on your side can make all the difference. An attorney will:- Review the Evidence: An attorney will carefully examine the evidence against you, looking for any inconsistencies or violations of your rights.
- Build a Strong Defense: Your attorney will use the best defense strategy based on the specifics of your case to help mitigate the charges or have the case dismissed.
- Navigate the Legal System: The legal process can be complex and confusing, but a criminal defense attorney will help guide you through each step, from pretrial motions to court appearances.