Criminal Attorney Explains How to Beat a Theft Charge

In this video a criminal attorney explains how to beat a theft charge. This could be a shoplifting court case, a theft charge from Walmart, grand theft charges, or a petty theft charge.

This video considers how to beat a theft case by challenging identity, intent, consent, and search and seizure issues.

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Disclaimer:
This publication and the information included in it are not intended to serve as a substitute for consultation with an attorney. Specific legal issues, concerns and conditions always require the advice of appropriate legal professionals. The use of the Internet for communications with the firm will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.

About This Video:
In this video, criminal attorney Stephen Gustitis describes how to beat a theft charge by challenging the key components of the prosecutor's case. This could be a shoplifting court case, a theft charge from Walmart, grand theft charges, or a petty theft charge. Steve is a Texas Board Certified Criminal Defense Lawyer practicing in Bryan-College Station, Texas. He has more than 28 years of experience in the field of criminal law and criminal defense in Brazos County. His videos cover a range of the best defense tactics and criminal defense strategies, including how to beat a theft charge. #theftcharges #gustitislaw #defendingtheft

[jdhamm]

This is useful and helpful to know as a person on the plaintiff side. I think you brought up valid points the accused and their defense will try to do, and with this video I can make sure to have proof for each of your points!

[realSimoneCherie]

It's devasting how easily prosecutors compel pleas for charges like theft when someone does not have an attorney because they do little to no work and get their way. In some states, felony theft indictment does not require a grand jury (Georgia), and the court determines eligibility criteria for appointed counsel (Georgia). I know from my own juror experience, that reasonable doubt gives way to personal bias on a regular basis.

[billyn]

Thank you for this video and your responses.
For petty theft from a big box store, is it better to hire an attorney vs using the public defender? First offense and it was an accident, scatterbrained and absent minded from extreme care-taking of grandma and aunt; it was a rug and towel. Again, thank you!

[cathywalters]

Your videos and knowledge has been beyond helpful to me and wish I found you when my case started in 2018. Thank you for all you do to help people ❤

[jayyopp]

Got court in a hour. Got more information from this video than my own public appointed lawyer that I've had for 2 years. 😭😓

[zeusamothekid]

Question, so I was in Walmart with my cousin, and we was getting items. We were purchasing the items separately. We went to self check out, I scanned the same shirt twice on accident, thinking I scanned the other shirt I had next to it, thinking both shirts scanned. I had both tags lined up together thinking both would go through.My cousin on the other hand thought it be a good idea for her to only swipe some of her items, me being in my phone, every time she says put item in the bag for her, after she (supposedly) scanned item, I would do it. Soon as we are walking out, I notice on my receipt that I scanned the same shirt twice, before I could go back, the manager Approach’s us saying we stole stuff, I know I didn’t, but I knew she did. So they charged both of us with shoplifting when I wasn’t the one who was stealing. They said because we were together. I really don’t want this on my record because I want to be social worker. I don’t wanna go down for something she did. The items she didn’t pay for was 201.06.

[mollycastles]

Hi Steve, a friend of mine went to a 4’day music festival, and it’s the one time of year that she participates in extracurricular substances. About halfway through the festival, she took a shuttle to Walmart, and on the way she realized her phone was dead. There was another festival goer on the bus that offered my friend her phone cord and charger that she could plug into an outlet while they were both shopping . The outlet was on the front wall inside the store. After plugging in her phone, she walked around looking for something to quench her thirst as it was very hot at the festival and she was dehydrated. She decided on a box of popsicles. She took out a popsicle and began eating it. She went to the front of the store to make sure no one had taken her phone before checking out. Immediately she was surround and accused of petty theft! She was dumbfounded. She certainly had no intention of stealing especially given the fact that she was openly eating a popsicle and the popsicle box was in plain view. She explained to them that she was checking on her phone and the other persons charger but it was useless. Is this a charge that can be beat? Thanks for any advise!

[OEB__]

Could I counter sue, if someone falsely claims me for being a theft

[jacquelinemanzano]

Excellent information, thank you for taking the time to educate on this particular subject matter. I have witnessed how people are so easily coerced into a guilty plea for petty white collar crimes.

[kevinjang]

“Borrowing is ok as long as you give it back”- Mr.Krabs

[almay]

is it theft if I take something but pay for it. for example, if I buy something under age and leave money on the counter without checking out.

[weslackey]

Can you beat a theft charge from Walmart when you really didn't know you didn't ring it up and even bought a lot of stuff at the same time but truly didn't know it didn't scan it?

[LexseeAdade-rxdd]

I have court in june on theft of laptops price they are saying is 1500 worth of goods my first offence i am ashamed .

[alienlifeishere]

What evidence do they need to accuse an employee of theft? I feel like I’m being kept a close eye on at work and I don’t know why. Things have gone missing in our department and I feel like managers suspect me.

[Itwaswritteninthestars]

How can you be accused of theft and notified months later just because a store owner said their purse looked fuller and then you later have to go and pay and turn yourself in because someone thinks you stole something..?? Crazy

[Stiffd]

Your Permission point is valuable! Thankyou!! In a MOWP case. I am about to attend court for this as dft. I asked this very question to find bank after unfinished service and it was granted. OTS is void then, so I understand. I did not return as provider refused spk to me and I feel it's a form of entrapment. Would I be right in thinking that Mr. Gustitis?

[KennedyMoronta]

Hi there someone stoled a watch in my gym at la fitness locker room and I was there around that time I guess and the officers came to my apartment to ask me if I stoled it with the guy that got his watch stolen, of course I said no I didn’t steal it because I didn’t steal it, but they didn’t arrest me and told me if I have it bring it back what does this mean if I didn’t get arrested? I appreciate your input sir thanks in advance

[MisterMikeTexas]

Being as I have a conscience, I don't take or "borrow" others' property without consent, and I encourage other folks not to do so either. That's the best way to prevent a theft charge. I'd say it's at least 95% affective if not moreso.

[rawlifestoriesbythicktrunk]

Even though you couldn't help thanks for doing what you do money talks and the ones that don't have it are usually the ones in jail. I got this case I'll keep posted what happen thanks for helping the little guy

[grantjones]

So a little more than a month ago, me and my friend went to walmart. Made some mistakes and put a little 10$ paint pen in my pocket and my friend had two cans of spray paint. While our intent was not to steal and just wanted something to do as bored teenagers, we did not buy anything else and walked out. About three steps out of the store we get surrounded by their loss prevention officers/agents and they said that we need to talk about some stole merchandise. They pulled out the package of what I had put in my pocket and I gave it back right then and there, hoping that they would see I realized I messed up. We go back to their office, where they didn’t really say anything other than the situation and that cops were on the way. We wait about an hour and a half and she finally got there, she basically just said everything they had. Got our names, addresses, birthdays, etc. She runs our info, comes back with our citations and asks us if we are willing to answer some questions. I don’t say anything and look at my friend and he says sure, so she asks him first then moves on to me and with thinking I had to answer as well, I did. That’s where I feel I really messed up as she asked if we stole from walmart today, if we came with intent to steal and if we have ever stolen from walmart before. We’re finally let go around 8:15-8:30 and I’m just lost on the whole thing. I’m 17 and this is my first offense. We hired an attorney, but I just want to figure out how this seems to you and if I have any chance of getting it off my record. I know I messed up and really wish I could change it but it’s too late for that now. I really want to be able to have a somewhat decent life not ruined by a 10$ paint pen I stole. Thank you for reading this if you do!