Brooks Law Firm
Most shoplifting cases in Memphis are not charged as “shoplifting.” They are charged as theft of property under Tenn. Code Ann. § 39-14-103, and graded by dollar value under § 39-14-105. Under $1,000 is a Class A misdemeanor that stays in General Sessions at 201 Poplar. At $1,000 and above it becomes a felony, and the case moves toward a preliminary hearing and the grand jury.
That dollar line is where most of the fight is. Store loss-prevention reports routinely list retail price rather than actual value, count items that were never past the point of sale, or aggregate separate incidents into a single figure to push a misdemeanor into felony range. Whether the State can actually prove the value it alleged is often the whole case.
Charged with shoplifting or retail theft in Memphis or Shelby County? Call the office at (901) 324-5000, or call or text the criminal line at 901-412-2973. Free consultation.
Citation or arrest — and why it matters
Many Memphis shoplifting cases begin with a misdemeanor citation under Tenn. Code Ann. § 40-7-118 rather than a physical arrest. You are released at the store or on scene with a date to appear. That is better than booking, but it is not a dismissal, and it is not a minor matter you can pay off like a ticket. It is a criminal charge with a court date, and failing to appear turns it into a warrant.
If you were arrested instead, you were booked at 201 Poplar and given a bond. Either way, the case lands in General Sessions Criminal Court. See how misdemeanor citations work in Memphis and what happens after an arrest.
Keeping it off your record
For most first-time shoplifting clients, the goal is not winning a trial. It is making sure there is no theft conviction on your record when an employer runs a background check. A theft conviction reads differently to a hiring manager than almost any other misdemeanor, because it goes to honesty. There are several routes to avoiding one:
- Dismissal. Where the stop, the detention, or the proof of value will not hold up, the right result is the charge going away entirely — and a dismissal costs nothing to expunge.
- Merchant restitution. Some retailers and some prosecutors will agree to resolve the case on payment to the store, with no guilty plea and no probation. Not every store participates and not every prosecutor accepts it, but where it is available it is usually the cleanest outcome — and it matters a great deal for clients who are not U.S. citizens, because there is no plea entered.
- Judicial diversion. A guilty plea is held without entry of judgment during a probationary period; complete it and the charge is dismissed and expunged. It works, but it requires the plea and it carries probation and fees.
- Amendment to a non-theft offense. In the right case, a negotiated amendment moves the charge off the theft column entirely.
Which of those is realistic depends on the store, the prosecutor, the division, the dollar amount, and your record. That is a conversation worth having before your first court date, not after.
The civil demand letter
Weeks after the citation, many clients get a letter from a law firm on behalf of the retailer demanding several hundred dollars under Tennessee’s civil recovery statute. That letter is separate from your criminal case. Paying it does not dismiss the charge, and ignoring it does not create a new criminal charge. Bring it to us before you respond to it.
Organized retail theft and aggregated cases
Shelby County and the suburb departments have both moved toward charging repeat retail incidents as organized retail crime or aggregating multiple visits into one felony count. Booster bags, tag removers, and similar items support a separate charge for possession of tools to disable theft deterrent devices. These cases look overwhelming on the affidavit and are frequently far weaker on the proof — identification across incidents and valuation are both real pressure points.
Where we handle these cases
Memphis and Shelby County cases go to General Sessions at 201 Poplar. Suburb cases are different: a shoplifting citation written in Germantown, Collierville, or Bartlett is set in that city’s municipal court if it stays a misdemeanor, and moves to Shelby County if it does not. We also handle theft cases in Fayette and Tipton counties.
What it costs
Misdemeanor shoplifting in Shelby County General Sessions starts at $750 as a flat attorney fee. If the value alleged pushes the case into felony range, felony theft starts at $1,500. Court costs and any restitution are separate. See what a criminal defense lawyer costs in Memphis.
Related: Memphis theft charges · misdemeanor defense · felony defense · expungement
Tell us what the citation says and we will tell you the fee. Office (901) 324-5000 · criminal line 901-412-2973.