Watch Richard C. McConathy discuss the process an individual charged with theft goes through and how the Law Offices of Richard C. McConathy defends theft cases in Dallas County.
When dealing with a theft case, a lot of times you’re going to going up against loss prevention; especially if it’s a local store. Most of the time they’re going to have you on video. They’re going to have loss prevention officers who’ve been watching you. So, they’re going to take their time to make sure they make a case against you. A lot of times you’re not going to be approached or apprehended until you’re out of the store. That is just when the problem begins, because after that the store has two processes they can go after you on. One, they can hit you for criminal charge and take you in front of the district attorney. In addition to that, they can sue you for the cost of the lost goods and what they like to call a restocking fee. It is important when dealing with this type of matter to have your attorney sit down go through the evidence, see if they can actually show that you have taken the item. Now, one of the things that we’ve seen as a defense in the past is a lot of times, and a lot of people have done it, you go in the store, the kids are running around and yelling at you, you put a bag of charcoal in the bottom of the basket, and you walk out of the store and you realize you didn’t pay for it. These are instances where we can go back in. it’s important to see the mental intent of the defendant. It has to be discussed early on with the district attorney. If we wait too long, they’re going to make a decision that you had the intent to do it and its going to be harder to turn them from the path of prosecution.