Brooks Law Firm
The stores around Wolfchase Galleria and the Germantown Parkway corridor generate a steady share of Shelby County’s retail theft cases. The sequence is predictable enough that it is worth laying out, because most of the damage people do to their own cases happens in the first hour — before anyone has been to court.
The back room
Loss prevention stops you and takes you to an office. You will be asked to hand over the merchandise, to give identification, and — this is the part that matters — to sign a written statement or fill out a form describing what happened. That statement is not a formality. It goes into the file and the prosecutor will read it.
You are not required to write one. Being polite, giving your correct name and identification, and declining to make a written statement is not obstruction. It is the difference between a case the State has to prove and a case you have proved for them.
Which police department, and therefore which court
Where the store sits determines who responds and where the case goes, and the boundaries around Wolfchase are not intuitive.
- Memphis Police Department — most of the Wolfchase Galleria area and the Cordova side. Cases go to Shelby County General Sessions at 201 Poplar.
- Bartlett Police — stores north and east of the mall along Stage and Germantown Parkway. Cases begin in Bartlett Municipal Court.
- Germantown Police — the Germantown Parkway corridor south of Wolf River. Cases begin in Germantown Municipal Court.
It is printed on the citation or the affidavit you were given. If you are not sure which court you are in, that alone is a reason to call before your date rather than after.
Cited and released, or booked
Many retail theft cases at this value are handled by misdemeanor citation — you are released with a date rather than taken to jail. Some are not, particularly where there is a prior record or an outstanding warrant. Either way, the date on the paper is real, and missing it converts a manageable case into a capias.
The letter that arrives a few weeks later
A demand for a few hundred dollars, on law-firm letterhead, citing Tennessee’s civil recovery statute. It is a genuine civil claim and it is completely separate from the criminal charge. Paying it does not dismiss anything. Do not answer it in writing before your criminal case is sorted out — an apology in a letter to a retailer can end up in front of the prosecutor.
The ban notice
You will likely be served with a notice barring you from the property. For a national chain it may cover every location. Going back after it is served can support a criminal trespass charge, which is how people acquire a second case while the first is still pending.
What can still be done
Video is the whole case in most of these, and it is also perishable — store systems overwrite. Getting a preservation request out early is one of the few genuinely time-sensitive steps. Beyond that, the questions are whether the observation was continuous, whether the stated value is accurate item by item, and whether you qualify for judicial diversion or a retirement that can later be expunged.
For the charge itself, see theft of merchandise under $1,000. For fees, see what a theft lawyer costs in Memphis.
If you were with someone else
Group cases are common in mall settings and they are more complicated than they look. Tennessee criminal responsibility means a person can be charged for conduct they did not personally carry out if they aided it. That does not make everyone in a group automatically guilty, and the State still has to prove what each person knew and did — but it does mean that the person holding nothing can still be charged. It also means that what one person said in the back room can end up in everyone else’s file, and that separate lawyers are usually necessary because the interests of co-defendants are rarely identical.
Common questions
Do I have to give loss prevention a written statement?
No. You can identify yourself and decline to write or sign a statement. Written statements taken in a store office are among the most damaging documents in these files.
Can the store have me arrested if the merchandise was recovered?
Yes. Recovery of the merchandise affects restitution and can affect how a prosecutor views the case, but it does not by itself prevent a charge.
Which court will my Wolfchase-area case be in?
It depends on the responding agency, which is printed on your paperwork. Memphis Police citations go to Shelby County General Sessions; Bartlett and Germantown police citations begin in those municipal courts.
If you were stopped at a store in the Wolfchase area, the consultation is free and it is worth having before your first setting. Call or text the criminal line at 901-412-2973 or the office at (901) 324-5000.