Will You Go to Jail for Shoplifting in Texas

[mommacita]

My question involves criminal law for the state of: Texas, Denton County

I know someone that recently got caught sneaking out of a store w/a full buggy of items totally over $700. She had been followed the whole time as she looked like someone that had been stealing 2 weeks prior. According to the police report, it seems very deliberate, no question. She has not gone to court yet but I was wondering what the chances are of jail time? The standards are up to 1 yr and possibly $4000 in fines if you do not participate in the pretrial diversion.

Is something more common than the other? She's got a couple of children and we aren't sure if plans need to be made for them.

[PandorasBox]

Only certain counties have Diversion Programs.

The prosecutor and judge will take some things into consideration filing charges and what, if any, Diversion or Plea Offer they will give. Does she have a past criminal history (Diversion is only for first timers)? The nature of the offense (walking out with a full buggy - um, she's shoplifted before and planned this).

We can't say what will happen for sure. Definitely - court costs, fines. The store/it's lawyers will be sending a Civil Demand letter that she should pay (or face being sued in Civil Court and credit rating damaged).

She may face probation, counseling, anti-shoplifting class.

If she is charged with stealing two weeks prior....there is a chance she will have charges filed in that incident too. Which could have the potential to upgrade the charge to a Felony level.

Other things: Conviction will affect future job opportunities, and even apartment/housing rentals.

[mommacita]

They did not charge her 2 weeks prior b/c they did not catch 'the person'. If they have her on video at that time and match her as the same person, could they prosecute that incident as well even though the time has passed? She doesn't have a prior criminal history, just horrible credit from not paying her credit cards and repossessed car.

[PandorasBox]

It varies by state, but they have 1-2 years to file their case.

[mommacita]

We were just told that she's doing the out of court thing and it will be expunged but she won't tell us anything other than that. We have the case number so could we get details about what the probation and results are? She lies about a lot of things so I wouldn't be shocked if she isn't telling the whole truth about this either. Is there a standard 'punishment' for this type when going this route and is it possible to get official docs of what the judge ordered?

[LawResearcherMissy]

We have the case number so could we get details about what the probation and results are?

Usually, by going to the Clerk of Courts, or looking online if your court offers that.

Who are you in this situation?

[PandorasBox]

She is not getting an expungment. She may get a Diversion, but with the high amount and brazenness of the theft, I would highly doubt it.

[mommacita]

To LawResearcherMissy: I'm a family member.
To PandorasBox: What's the difference of an expungement and diversion? She doesn't tell us the 'whole' truth so it's hard to find out what is really going on. We know what the police report said and she lied to us about what really happened but I guess she didn't expect us to pull the report. There is no reason for us to believe what she says, but she does have access to $$$ for lawyers and good ones at that. We aren't sure if there is a risk for her job to be taken away, is she on probation, at this moment what is her status of arrest/breaking the law....? Is this all a state of limbo until probation ends and if so how long is probation? Is she currently 'guilty' or not? I'm not sure how all of this works.

[Disagreeable]

You mean the probation she just broke and that is going to be revoked?

[cbg]

We cannot know if she WILL lose her job.

She most certainly CAN lose her job.