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Theft crimes are on the rise in Texas as economic conditions change here. The most common theft offense is the misdemeanor theft committed in the context of shoplifting and employee theft. Shoplifting is the act of taking store merchandise past all points of sale out of a store without paying for the merchandise, with the intent to deprive the owner of that property and without the owner’s effective consent. Employee theft can occur in many different ways, the most typical being false merchandise returns and cash register skimming.

According to criminal defense attorney in Colorado, shoplifting and employee theft can either be a misdemeanor or felony offense depending upon the value of the merchandise stolen. As stated by the lawyer fighting criminal defense charges, theft is a Class C offense punishable by a maximum fine of $500 if the value of the property stolen is under $100; a Class B offense punishable by jail confinement up to six months, a fine of up to $2000, or both fine and confinement, if the value of the property stolen is over $100 and under $500; and a Class A offense punishable by jail confinement up to one year, a fine of up to $4000, or both fine and confinement, if the value of the property stolen is over $500 and under $1500. Theft of property valued over $1500 is a felony.

Shoplifting cases are typically made when store security personnel detect a shopper who selects merchandise, secretes the merchandise in clothing or another shopping bag or cart, passes all points of sale without paying for the merchandise and then attempts to leave the store. The person may be stopped and detained by store security personnel and held for police. Retail stores have become very sophisticated in their shoplifting detection methods – they use closed circuit cameras, undercover “shoppers” who are in fact security personnel, and sometimes other shoppers who tip store security on other shoppers attempting to steal.

Employee theft cases are typically made when cash register receipts and merchandise tracking are compared by retail fraud investigators and the difference attributed to a particular employee.

Shoplifting and employee theft cost retailers over $45 billion in 2015, and there are indications that this number is rising. Retailers have become very sophisticated in their methods of detection and merchandise / sales evaluation. Larger retailers have very strict prosecution policies and are able to prove theft cases more easily in recent times.

When a person is arrested for shoplifting or employee theft, they will most likely be released by the Harris County Sheriff on personal recognizance on their promise to appear in court on the next business day. At that time their bail may be evaluated and additional conditions may be ordered such as no contact with the store, curfew and other conditions reasonably connected to the offense charged. If the defendant is indigent as determined by a court hearing evaluating their finances (check CWPP tools for financial security) and ability to hire counsel, an attorney will be appointed to represent them. If the defendant is not indigent, they will be given two to three weeks to hire counsel.

These cases are often disposed by pre-trial diversion or deferred adjudication probation without a finding of guilt, and sometimes by a straight probation or even jail confinement with a finding of guilt. A theft conviction with a finding of guilt can have a devastating affect on a person’s ability to obtain employment, housing, and college admissions. If you need lawyer for criminal mischief cases, you can get them from here!

Young people who are home for the summer during school breaks are often dared by their friends to steal something in a store. Or, if they are given the responsibility of working behind a cash register, they may be tempted to give themselves or their friends false merchandise return refunds or other fraudulent cash skims from the drawer. When they are caught they and their families are shocked when they are arrested, handcuffed, transported in a police car, and later brought to an adult courtroom with jurisdiction over 17 year olds. I urge parents to have a serious conversation with their teenagers home for the summer about the terrible risks and life-changing consequences of shoplifting and employee theft.

Possession of marijuana in Texas is illegal despite several other states having recently legalized it for recreational use. Even if marijuana was purchased and possessed legally in the ten or so states that have legalized recreational marijuana use and possession, it cannot legally be brought across state lines into Texas, and can’t be legally used here.

In Texas, possession of up to 2 ounces of marijuana is a Class B misdemeanor is punishable by up to six months confinement, a $2000 fine, or both confinement and fine. Possession of 2 to 4 ounces of marijuana is a Class A misdemeanor is punishable by up to one year confinement, a $4000 fine, or both confinement and fine. Possession of marijuana over 4 ounces is a felony. In addition to statutory penalties, a person finally convicted of marijuana possession will have their driving privileges administratively suspended for up to one year with additional administrative penalties and fees required for reinstatement.

The typical marijuana case is made by a police officer who legally stops a motor vehicle for a traffic infraction, and while speaking with the driver the officer detects the smell of either burnt or raw marijuana, which has a distinctive pungent aroma that police officers are trained to detect. Once the officer detects this aroma the officer can legally order the driver and all occupants to exit the vehicle, which may then be legally searched for contraband marijuana. If marijuana is found, depending upon the location of the marijuana in the vehicle, the driver and any passenger may be arrested for its possession. The state will be required to prove actual care, custody, control or management of the marijuana and a rational connection between the marijuana and the defendant.

Marijuana cases are also made in our schools when teachers or school security personnel have a reasonable suspicion that a student is in possession of marijuana. In that case, the student’s locker, brief case and backpack may be legally searched without a warrant.

The DA’s Office has recently established a marijuana arrest and charging policy for misdemeanor possession. After arrest and establishing positive identification of the suspect, and if no other charges for other offenses are filed or pending, the police agency will notify the arrestee that if they agree in writing to voluntarily present themselves to the DA’s office to take a drug awareness class and perform community service, no formal charges will be filed and there will be no arrest record. If the suspect fails to report to the DA’s office as agreed, formal charges are then filed and an arrest warrant will be issued.

If marijuana possession charges are filed, most defendants will likely be released by the Harris County Sheriff on personal recognizance on their promise to appear in court the next business day. Some defendants may be required to post bail depending upon whether there are other more serious charges filed or pending.

Once a defendant appears in court on their marijuana case, their bail will be evaluated by a judge and conditions of release may be ordered, including periodic or random drug testing, drug counseling, and curfews. If a defendant can’t afford an attorney one will be appointed by the court. If the defendant is not indigent, they’ll be given 2-3 weeks to hire an attorney.

Marijuana cases are typically resolved by plea bargain and there are many options available, from the least restrictive pre-trial diversion or intervention programs or deferred adjudication programs without a finding of guilt, to more restrictive options like straight probation with many conditions of supervision, and the most restrictive being jail confinement and fines.

In a very few cases, the charges are dismissed because of insufficient evidence or stop and search issues; and a few cases are tried to a jury or court to a verdict. Once a case has been tried to a verdict, deferred adjudication and diversionary options are no longer available.

Possession of synthetic marijuana, known on the street as “spice,” “K2,” and “Kush,” is illegal in Texas and is as punishable as marijuana is depending upon the weight possessed.

If you, a family member or friend is charged with any of these offenses, please contact an attorney as soon as possible for current and thorough legal advice and counsel. Once these cases have been adjudicated or there is a plea agreement, our courts are trained to work with defendants to develop a program that best serves them so that they can make better choices should they encounter these substances again.

DWI is a crime that anyone who drives, rides, bicycles and walks on Texas roads should be concerned about. Texas law provides that a first DWI conviction is punishable by up to 6 months confinement, $2000 fine, court costs and driver’s license suspension for up to one year. A second DWI conviction is punishable by up to 1 year confinement, $4000 fine, court costs and driver’s license suspension for up to two years. A third DWI conviction is a felony punishable by 2-10 years imprisonment, a $10,000 fine and driver’s license suspension for up to 3 years. The first and second DWI’s are adjudicated in our misdemeanor county criminal courts-at-law.

Many of our misdemeanor DWI cases involve probation or community supervision for one to two years, with no early termination. Most of these cases end successfully and defendants no longer re-offend. A good thing for public safety!

But for a DWI probationer or former probationer who re-offends or continues to violate conditions of probation, we have a special intensive program for them called SOBER court. Saving Ourselves by Education and Recovery is a state-sponsored high intensity program designed to closely monitor the probationer’s recovery and rehabilitation, and to reward compliance and penalize non-compliance. It is a four phase program in which probationers work to progress from phase to phase, with each succeeding phase requiring less supervision and providing more liberties for the probationer. In each of the first 2 phases probationers meet with the judge twice a month for a “check-in” where their program is evaluated, compliance rated, and rewards and sanctions are given. In Phase 3 the probationer meets only once a monthly with the judge. In Phase 4, the probationer meets only with the probation officer as needed. SOBER Court clients must provide breath and urine specimens whenever asked, and many must use alcohol detection devices during unsupervised hours. SOBER Court clients may earn the right to drive again in later phases of the program.

We have 5 SOBER courts – one court for all women, one court for all men, one court for all Spanish speakers, one court for probationers who can only meet with the judge after work, and one court for youthful probationers. Each SOBER Court is run consistently from court to court, and with National DWI Court guidelines that have been approved by the American Bar Association.

SOBER court teams consist of a judge, a Court Supervision Officer from the probation department who works only with that court’s 30-35 probationers, a defense attorney to confidentially consult with them as needed, a prosecutor to represent the State’s interests, a therapeutic consultant with the probation department, and two bailiffs assigned to that court. The bailiffs are authorized in writing by the probationers and the court to make unannounced home visits and welfare checks as needed. Harris County’s SOBER Courts are a national model consulted by jurisdictions seeking to begin DWI Courts like ours.

I am honored to be part of this amazing program because we accomplish two big things: we facilitate our clients’ return to sobriety, which helps them both personally and professionally; and we help improve public safety one driver at a time.