What Is the Process of Theft Crime Investigation in Texas?

Theft crimes are some of the top offenses investigated by law enforcement agencies in Texas. Many who face theft investigations wonder, “What is the process of theft crime investigation in Texas?” Examining the legal proceedings that law enforcement follows when handling a theft investigation can provide useful answers to that question.

Theft Crimes in Texas

The Texas Penal Code classifies theft charges by the value of the property taken. Theft crimes range from petty theft, such as shoplifting, to more serious cases, like burglary.

• Class C Misdemeanor: This charge involves stolen property valued at less than $100.
• Class B Misdemeanor: The theft of property valued between $100 and $750 will be charged at this level.
• Class A Misdemeanor: Crimes involving stolen property valued between $750 and $2,500 qualify for the highest level of misdemeanor.
• State Jail Felony: If the stolen property is valued between $2,500 and $30,000, it increases the type of charge from a misdemeanor to a felony.
• Felony Theft: Stolen property valued over $30,000 will be charged at the highest levels for theft crimes.

The Process of Theft Crime Investigation in Texas

The investigation begins when a victim reports the crime to law enforcement, often by calling 911 or filing a police report at their local station. If the theft occurs at a business, its security teams can report the crime directly to law enforcement.

The theft report should include important information, such as:

• A description of the stolen property
• The time and location of the theft’s occurrence
• Any possible suspects or witnesses
• Available evidence, including security footage or photographs

Once the theft has been reported, law enforcement officers respond to the scene to gather evidence and document the details of the offense. Their immediate priorities include securing the scene, obtaining surveillance footage, interviewing victims and witnesses, and collecting evidence, such as fingerprints, footprints, or broken locks or windows. Officers seek patterns in thefts, especially if organized crime or serial offenders are suspected.

Following the initial response, detectives or special units take over to conduct a thorough investigation, which could include analyzing fingerprints or checking pawn shop databases for stolen goods. For complex cases, such as large-scale theft, investigators may collaborate with federal agencies, like the FBI.

When enough evidence has been collected, law enforcement seeks to apprehend suspects. To do this, they might:

• Issue an arrest warrant or warrants.
• Set up sting operations to track stolen goods online.
• Coordinate with other agencies to cover multiple jurisdictions.
• Conduct surveillance operations.

Once a suspect has been arrested, they must go through the legal process of booking and fingerprinting, an initial court appearance (or arraignment), and a bail hearing, depending on the severity of the crime. The suspect may try to negotiate a plea deal. If found guilty, sentencing begins.

Texas theft crimes come with penalties that include:

• Fines increase with the severity of the crime.
• Jail time varies based on the classification of misdemeanor or felony charge, with misdemeanors generally resulting in county jail time and felonies leading to state prison.
• Probation involves the offender being put on certain restrictions.
• Restitution is a court order for the offender to compensate the victim for their losses.

Defenses in a Theft Crime Case

For those accused of theft, an experienced theft lawyer can greatly improve the outcome of their case. A theft lawyer can create a strong defense to get the charges reduced or dropped. Some defense strategies used in theft cases include:

• Mistaken Identity: A witness may have mistakenly identified the wrong person when they gave their testimony, or surveillance footage could show another person with similar features.
• Lack of Intent: The suspect did not intend to permanently take away the owner’s property.
• Ownership Claim: If the accused is the rightful owner of the property, a skilled attorney can prove their rightful ownership or that the property was taken with permission.
• Insufficient Evidence: To achieve a conviction, the prosecution must fully prove guilt beyond a reasonable doubt.
• Procedural Errors: In some cases, evidence may have been gathered unlawfully, or law enforcement may not have followed the correct procedures during the arrest. This could lead to courts dropping the case.

FAQs

How Long Does a Theft Investigation Take?

How long it takes to investigate a theft charge in Texas varies based on the complexity of the case, the amount of money or goods stolen, and law enforcement’s resources. Minor shoplifting cases are generally resolved quickly, while larger scale theft, such as fraud or another organized crime, might take much longer. When gathering evidence, law enforcement looks for surveillance footage, interviews witnesses, and analyzes financial records.

What Are the Steps in a Criminal Case in Texas?

The process of theft crime investigation in Texas generally includes an investigation of the crime, followed by an arrest if there is enough probable cause. Booking involves gathering information on the suspect. The next steps include the initial court appearance, followed by an arraignment, which comprises plea negotiations. Then, a trial gives the prosecution a chance to present their case, and a verdict is decided by a judge and jury. The last step in a criminal case includes sentencing.

How Much Do You Have to Steal to Go to Jail in Texas?

In Texas, any amount of stolen goods or money can result in jail time. The severity of the crime may lengthen one’s jail time, however. A misdemeanor may lead to a lesser sentence in a county jail, while a felony can result in a lengthy sentence in state or federal prison. Repeat offenders often face harsher penalties, and aggravating factors can increase the jail sentence.

What Is the Procedure for a Criminal Investigation?

The procedure for a criminal investigation starts with examining the crime scene, where initial evidence is collected. Witnesses are interviewed, the suspect is identified through surveillance or analysis, and then evidence is evaluated to confirm the suspect. If sufficient evidence exists, an arrest is made. The suspect is interrogated, and the case is prepped for trial. If necessary, law enforcement seeks the help of forensic scientists, financial analysts, and cyber consultants.

Contact a Dayton Theft Lawyer Today

If you’re facing a theft charge in Dayton, contact the experienced team at The Law Office of Joseph Ruiz, PLLC, today. We can build a strong defense and fight aggressively for your rights.