Legal Question in Criminal Law in Texas

A friend and i was caught for shoplifting at Walmart. Although i was with him and did see him grab the merchandise and knew he was trying to conseal it, 5 minute before deciding to leave Walmart, i took the merchandise and told him it is not possible to steal and he will get caught. i placed the merchandise down in one of the isle and told him to not do it and if he still decides to do it, he will get caught. I told him to wait for me while i go grab some snacks before heading out to go fishing, i went to go get what i wanted to eat and went back to find him and i saw him being stopped by a Lost prevention person. When i left walmart, the LP guy approached me and told me to go sit down inside the room with my friend, i was also charged for Class A misdemeanor theft along with my friend. Can i plead not guilty? my friend agreed to be my witness and say i have nothing to do with his action, he will tell them i told him not to steal. I honestly did not believe he will steal those merchandise, he told me he wouldnt but turned out he tried walking out with the items anyways. i had nothing on me, the LP even told the cop he never saw me trying to conseal the item or try to open the merchandise. when my friend left the store i was nowhere near him. Is it possible to plead not guilty? if not, will i get the same charge as my friend?


Asked on 5/31/12, 8:35 pm

1 Answer from Attorneys
Jeffrey Brashear The Brashear Law Firm, PLLC

Based on what you have written, it appears that you may have a very good defense to any such prosecution by the Harris County DA's office. There are a few questions which would require some further inquiry to - (i) which court is handling the Class A Misdemeanor; (ii) what is the value of the items allegedly taken; (iii) where specifically was the items concealed on your friend; (iv) where were you when your friend was stopped by loss prevention; (v) did the police arrest you; (vi) what is the cause number of your case; and (vii) how soon would you like to get this matter over with? These are just some of the questions which will be need response to so as to properly protect your interests and rights. You may contact us at (281) 994-4034 or review the firm's website at www.thebrashearlawfirm.com for more information.

The above response given is not intended to create, nor does it create an on-going duty to respond to questions. Additionally, the response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Answered on 6/01/12, 10:10 am


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