A Theft occurs when a person exercises any control of a piece of property with the intent to deprive its owner of the property. Shoplifting is the most common circumstance where a person is charged with theft. Texas law authorizes any person to arrest someone to prevent a theft and to recover the property being taken. Therefore, an apprehension by a store employee who is not a police officer is a lawful arrest.
Most retail stores have a policy not to arrest a person for theft unless the person has exited the store with the property, or has at least passed the last opportunity to pay and is heading for the exit. Concealment of property alone in a store is not enough evidence in most courts to show an intent to deprive the owner of the property.
Many stores will have people who are arrested sign confessions before the police arrive. If you are accused of theft in a store, DO NOT MAKE ANY ADMISSIONS AND DO NOT SIGN ANYTHING. They will try to tell you they will take it easy on you if you cooperate, but it is a lie. They only want a confession so they don't have to worry about challenges being made to their reasons for stopping you. Believe it, if you've been taken in, you're going to jail. Don't think you can help yourself by being cooperative by signing documents they will use against you in court. If after you've been counseled by a competent attorney it is decided that cooperating is in your best interests, there will be time for confessing later.
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