top of page
  • houstoncriminaldef

Can you get a theft from Wal-Mart case dismissed? Houston Criminal Defense Attorneys

Can you get a theft from Wal-Mart Case Dismissed? If you find yourself facing a theft charge from Walmart, you might be wondering if there's a chance to get your case dismissed. The short answer is yes, but the process involves a thorough examination of the details surrounding the incident. In this blog post, we'll explore the legal aspects of theft cases, particularly those occurring in Walmart, and discuss strategies your criminal defense attorney may employ to secure a dismissal.

Understanding Theft Offenses:

Before delving into the specific strategies, it's crucial to understand the legal framework governing theft cases. Penal Code 31.02 consolidates all theft offenses, eliminating distinctions like shoplifting or embezzlement. Any unlawful appropriation of property with the intent to deprive the owner falls under this statute.

Walmart Theft Scenarios:

In the context of Walmart theft cases, two common scenarios arise: concealing items and passing all points of sale without payment, or not fully scanning items in the self-checkout line. The key element in proving theft is intent. Forgetting to scan an item doesn't necessarily constitute theft unless there was an intention to deceive and permanently deprive the owner of the property.

The Role of Surveillance Video:

Walmart stores typically have an extensive surveillance system, with more than 400 cameras. Your defense attorney may request evidence from the prosecutor, scrutinizing the surveillance footage for a more accurate depiction of the events. Misinterpretations are common, and videos might reveal mitigating factors such as distractions or genuine oversight.

Building a Defense:

In theft cases, particularly those at Walmart, a successful defense often involves negating the intent element. Your attorney may construct a mitigation packet to demonstrate that this incident is an anomaly in your behavior. Understanding the circumstances surrounding the event, such as personal stressors, can help build a compelling case for dismissal.

Value of Property as a Factor:

In non-Walmart theft cases, the value of the stolen property may be a critical factor. If the value falls below $100, it becomes a Class C offense, offering more options for dismissal or expungement, especially if you opt for a deferred disposition.

Mitigation Strategies:

To maximize your chances of dismissal, your attorney might explore avenues such as pre-trial diversion or intervention programs. Establishing your value to the community and presenting evidence of positive contributions can strengthen the argument for dismissal.


Facing a Walmart theft charge is undoubtedly stressful, but with the right criminal defense attorney, there are viable strategies to secure a dismissal. Whether it's challenging the intent element, analyzing surveillance footage, or exploring alternative dispositions, an experienced attorney can guide you through the process. If you've been accused of theft, it's crucial to consult with an attorney promptly to determine the best defense strategy tailored to your case. Like and subscribe for more legal insights, and remember, a theft conviction doesn't have to define your future.

77 views0 comments


bottom of page