What to do when a store owner detains you in Texas

When a store owner pulls you aside for suspected shoplifting, your stress levels are at their highest. Facing a potential criminal charge can be challenging, especially when you aim to land a good-paying job in the future.

If a store owner detains you, understanding your legal rights and the correct actions can help protect your future.

Can a store owner arrest you?

In Texas, store owners have the right to temporarily detain you, provided they reasonably believe you stole or attempted to steal property. This means that they must have a basis for the suspicion, such as seeing you concealing merchandise or tampering with tags, either personally or through security cameras.

Additionally, store owners can only detain you for a reasonable time. This includes ample time for law enforcement officers to arrive and investigate the ownership of the stolen property.

What should you do during detention?

When law enforcement arrives, your immediate actions should be invoking your constitutional rights clearly. You have the right to remain silent and the right to counsel.

Exercising your right to silence means that you should not answer any questions about the events that transpired. Anything you say to the store owner or police can become evidence against you. The courts can also use this to prove the intent to deprive the merchant, which is a major element of a theft charge. Additionally, you have the right to seek help from an attorney to support your defense.

What are your next steps?

Facing detainment in a store can be overwhelming, and receiving a theft charge can significantly impact your future. Given the severity and complexity of your situation, seeking counsel from a criminal defense attorney can be an essential step in building a defense strategy.