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I was accused of shoplifting at walmart.

Houston, TX |

I was taken back into a room where they said they would be calling to police because it was a 150.00 worth of stuff.Well after 20 mins they let me go no police showed up and i did not receive a ticket.This was back in december now 3 months later i have the police calling me refering the case to the Da's office

the case was taken to the da's offfice and here is what happened.. Date Type Description SNU/CFI 02/28/2012 COMPLAINT FILED 2130 4 THEFT - $50-$500 LEVEL MB 02/28/2012 BOND SET $1000 999 02/28/2012 REVIEWED BY LE, THUY 02/28/2012 ORI HOUSTON POLICE DEPAR 02/28/2012 COMPLAINANT DALY, ABRAHAM I 02/29/2012 C87 ACTIVITY DISM OTHER STATUS D CFI 4 999 02/29/2012 COURT ORDER DISMISSAL 999 02/29/2012 DISMISSAL REASON OTHER 02/29/2012 JUDG OFFENSE THEFT - $50-$500 LEVEL MB

Attorney Answers 3

Posted

The WalMart employees wouldn't be able to "issue you a ticket" for this themselves, and actually neither would a police officer--they can only do that if the value of the stolen property is under $50. I imagine what happened is the PD was just having a busy shift, and that was a non-emergency, so they told WalMart they were just going to have to wait. I'm not sure from what you've said whether they've actually referred the case to the DA so they can get a warrant approved, or whether it's maybe more a matter of sending it to the DA to see if they feel like dealing with it or just want to close things out without filing a case. There's nothing "illegal" about them issuing a warrant for you later, but that's definitely not the usual means of dealing with shoplifting cases, and I imagine a decent argument could be made that you did not get the chance to tell your side of this story at the time. That might get you somewhere, and then again it might not. WalMart has got cameras on every inch of their stores, and the odds are fairly good they've got video of what they say you did, on top of whoever at the store saw you, and where exactly they found the merchandise when they stopped you. What ends up happening with your case will probably hinge somewhat on what that video shows. Once you get an attorney, your attorney will be able to view the video and read the reports, and will then have a better idea of what kind of case they have against you. Good luck.

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Posted

Date Type Description SNU/CFI 02/28/2012 COMPLAINT FILED 2130 4 THEFT - $50-$500 LEVEL MB 02/28/2012 BOND SET $1000 999 02/28/2012 REVIEWED BY LE, THUY 02/28/2012 ORI HOUSTON POLICE DEPAR OFFENSE NO: 02/28/2012 COMPLAINANT DALY, ABRAHAM I 02/29/2012 C87 ACTIVITY DISM OTHER STATUS D CFI 4 999 02/29/2012 COURT ORDER DISMISSAL 999 02/29/2012 DISMISSAL REASON OTHER 02/29/2012 JUDG OFFENSE THEFT - $50-$500 LEVEL MB

M Elizabeth Gunn

M Elizabeth Gunn

Posted

Well, assuming this is all the same case, it sure looks from that like the DA decided two weeks ago not to prosecute you after all. If the officers found out that the DA didn't have all the evidence, they might try again, but I'm not sure from what you said whether you heard from them before or after this all happened.

Asker

Posted

an officer called me 2 days before this happened..I never knew about this untill i looked in harris county's system..And then i checked the system again and here you go.. Date Type Description SNU/CFI 03/01/2012 COMPLAINT FILED 1430 4 THEFT - $50-$500 LEVEL MB 03/01/2012 BOND SET $1000 999 03/01/2012 REVIEWED BY LE, THUY 03/01/2012 ORI HOUSTON POLICE DEPAR OFFENSE 03/01/2012 COMPLAINANT DALY, ABRAHAM I 03/02/2012 CI/MIN TIME 1042 AMOUNT $1000 999 03/02/2012 ACKNOWLEDGED BY SHERIFF 03/02/2012 C87 ACTIVITY PC FOUND STATUS CFI 4 999 03/02/2012 C87 ACTIVITY PROBABLE CAUSE FOUND

M Elizabeth Gunn

M Elizabeth Gunn

Posted

"all. If the officers found out that the DA didn't have all the evidence, they might try again" It looks like that's what happened (not sure why you didn't include the full history the first time?) I would guess the DA kicked it back 02/29 because of something along the lines of the video or a statement being missing, and the next day, they got whatever it was to the DA and resubmitted the case. I believe that "acknowledged by sheriff" note means they've got a warrant out on you. You might want to check on that so that you can make arrangments in advance to get an attorney and get yourself bonded out.

Posted

Looks like it was dismissed on 2/29/12. This case does not look active.

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1 lawyer agrees

Posted

It doesn't look like this is an active case. I'd note that companies like Wal-Mart are notorious for sending out civil threats to file suit under theft liability act.

I practice family law in Harris County and nearby counties.

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By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question.

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I offer free consultations and am quite familiar with family judges in Harris County and nearby counties. LEGAL DISCLAIMER: Mr. Dick is licensed to practice law in Texas and office located in Harris County. His phone number is 832-207-2007 or 713-510-4500 or his email address is listed below. Mr. Dick is ethically required to state that the response herein is not legal advice and does not create an attorney client relationship. These responses are only in the form of legal education and are intended to only provide general information about the matter within the question. Often times the question does not include significant and important facts and timelines that if known could significantly change the reply or make such reply unsuitable. Mr. Dick strongly advises the questioner to confer with an attorney in his or her state in order to ensure proper advice is received. By using this site you understand and agree that there is no attorney client relationship or confidentiality between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your jurisdiction, who is familiar with your specific facts and all of the circumstances and with whom you have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question or omitted from the question. Circular 230 Disclaimer - Any information in this comment may not be used to eliminate or reduce penalties by the IRS or any other governmental agency. eric@dicklawfirm.com www.dicklawfirm.com

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