Brooks Law Firm
Short answer: shoplifting at Walmart is charged in Tennessee as theft of merchandise under Tenn. Code Ann. § 39-14-146, and when the value is $1,000 or less it is a Class A misdemeanor. Which court hears it depends on the police agency that wrote the citation: Bartlett police send it to Bartlett City Court, Memphis police and the Sheriff’s Office send it to General Sessions at 201 Poplar, and a stop in Fayette County goes to General Sessions in Somerville. On a first charge the goal is no conviction at all. Our flat fee for a misdemeanor shoplifting charge starts at $750.
Walmart is the main source of the misdemeanor theft cases we see in Bartlett City Court, and Walmart and Target stores produce a large share of the shoplifting cases at 201 Poplar. Most of the people charged have never been in trouble before, and most of them are frightened about the wrong things. The case is very often manageable. What it needs is a plan made before the first court date, not at it.
Text a photo of the citation to 901-412-2973 or call (901) 324-5000. The consultation is free, and we will tell you which court you are in, what the store has to prove, and what it costs. Se habla español.
The two accusations we see most
Almost every Walmart case we handle starts one of two ways.
- Concealment and the last register. Loss prevention says you put merchandise in a bag, a pocket or a purse and walked past the last point of sale without paying for it.
- Self-checkout. The store says items in the bagging area were never scanned, a cheaper code was entered for a more expensive item, or a scan did not register. Self-checkout accusations are becoming more common at Walmart and Target, in Shelby County and in the outlying counties such as Fayette.
The two look different on video, and they are defended differently. Both come down to the same question: can the State prove you meant to take something without paying for it?
You do not have to leave the store to be charged
People are often surprised by this. Tennessee’s theft of merchandise statute makes it theft to conceal merchandise with the intent to deprive the store of its price. Walking out of the building is not an element of the offense, and § 39-14-146(b) says the State does not have to prove you ever took control of the goods. In practice most stops still come after the person has passed the last register, because walking past every point of sale with concealed merchandise is the strongest evidence of intent a store can offer.
That is also where these cases are won or lost. Intent to deprive is the element, and concealment is not the same thing as intent. A stop made before the last register, a gap in what loss prevention actually watched, merchandise sitting in plain view in a cart, a phone call or a child that pulled your attention away: all of it goes to intent, and the State has to prove intent, not just a bag with something in it.
Self-checkout cases
At self-checkout the accusation usually falls under a different part of the same statute: causing the register to show less than the store’s price, § 39-14-146(a)(5). The store’s proof is a transaction record matched against video of the bagging area.
The machine records what was scanned. It does not record what you believed you scanned. Failed scans, items stacked on one another, a barcode the scanner missed, a produce code picked from a long list on a screen: these happen to honest shoppers every day, and on video an honest mistake and a deliberate one can look exactly alike. A discrepancy is not a crime. The question is whether the evidence proves intent or only proves that the receipt and the bags do not match.
What we look at in a self-checkout case:
- The transaction log against the video, item by item, including what the machine shows as scanned and voided.
- Whether the items said to be missed were the expensive ones or an ordinary mix, which says a good deal about intent.
- Whether an employee assisted at the station or overrode the machine during the transaction.
- Whether the store has added several visits together to raise the total, and whether each visit can actually be tied to you.
What happens in the back room
Tennessee law allows a merchant who has probable cause to believe you committed theft to detain you, in a reasonable manner and for a reasonable time, to question you, check your identification and turn you over to the police (§ 40-7-116). You will usually be asked to sign a statement or an admission form. You do not have to. Give your correct name and identification, stay polite, and decline to write or sign anything about what happened. A written statement taken in a store office is often the most damaging document in the whole file, and it is the one people most regret.
Many misdemeanor shoplifting cases end that day with a citation under § 40-7-118 and a court date rather than a trip to jail. That is better than an arrest, but it is still a criminal charge. The date on the citation is real, and missing it turns a manageable case into a warrant.
Which court your Walmart case is in
| Agency on the citation | Where the case is heard |
|---|---|
| Bartlett Police | Bartlett City Court, Bartlett Justice Center, 3730 Appling Road. Division I sits Wednesdays at 8:00 a.m. and Division II Mondays at noon. Misdemeanor theft is resolved there; see Bartlett shoplifting charges. |
| Memphis Police or the Shelby County Sheriff’s Office | Shelby County General Sessions Criminal Court, 201 Poplar Avenue. See Memphis shoplifting charges. |
| Germantown or Collierville police | That city’s municipal court: Germantown at City Hall on Wednesday evenings, Collierville at 101 Walnut Street. |
| Fayette County Sheriff, Highway Patrol or a Fayette town police department | Fayette County General Sessions Court, Bill G. Kelley Criminal Justice Complex, 705 Justice Drive, Somerville. See Fayette County criminal defense. |
If you were not charged that day
Sometimes the store lets a person leave and takes its video to the police afterward, and the charge arrives later as a summons or a warrant. Tennessee gives the State twelve months from the offense to begin a misdemeanor prosecution (§ 40-2-102(a)) and two years for a Class E felony (§ 40-2-101(b)). Being allowed to walk out is not the same as the matter being over. If you think a charge may be coming, a conversation now costs nothing, and arranging to answer a warrant is far better than being picked up on it at a traffic stop.
The dollar amount
Under § 39-14-105, merchandise worth $1,000 or less is a Class A misdemeanor, punishable by up to 11 months and 29 days and a fine of up to $2,500. Over $1,000 and up to $2,500 it is a Class E felony carrying one to six years, and the class rises with the amount above that. Tennessee has no separate “petty theft” category: a $40 item and a $900 cart are charged the same way. The store’s figure is usually the full shelf price of everything recovered, but the statute asks for the value of what was actually taken, and near the $1,000 line that arithmetic is often the whole defense. A fifth theft of merchandise conviction within two years is punished one class higher (§ 39-14-146(c)).
When a store links several visits together, a case can move from a single misdemeanor to an aggregated felony or to organized retail crime under § 39-14-113. For acts on or after July 1, 2026, that statute’s ninety-day period became 180 days, using a mask or face covering or a car with no plate or a concealed, altered or temporary plate became part of the offense, and a conviction carries at least 30 days in jail if a firearm or a device for defeating store security was used or possessed (2026 Public Chapter 1124). These cases look overwhelming on the affidavit and are often much weaker on the proof, because identification across visits and the value of each one both have to be shown. See felony theft over $1,000.
The ban notice and the letter
Stores commonly serve a written notice barring you from the property, and a national chain’s notice may cover every one of its stores. Keep it, and take it seriously. Going back after it has been served can support a separate criminal trespass charge under § 39-14-405, which is how people pick up a second case while the first is still open.
A few weeks later a civil demand letter may arrive from a law firm representing the store. Under § 39-14-144 a merchant may seek the greater of $100 or three times the retail price of the goods, or twice the price if they were recovered undamaged. It is a civil claim, separate from the criminal case: paying it does not dismiss the charge, and ignoring it does not create a new one. Do not answer it in writing before we have talked, because what you write can reach the prosecutor. See the civil demand letter explained.
Does the store decide whether you are prosecuted?
No. Once the police write the citation, the case belongs to the State: the District Attorney General’s office at 201 Poplar and in Somerville, and the city prosecutor in Bartlett, Germantown and Collierville. The store’s loss-prevention employee and the video are usually the State’s main evidence. Whether that witness and that footage are available when the case is set for trial can matter, but it is not something to plan around. What can be planned is the resolution, and in some cases a prosecutor and a store will agree to resolve a first charge on payment to the store with no plea at all.
Keeping it off your record
On a first charge the sentence is rarely what matters. The record is. Theft is a crime of dishonesty, and a conviction follows you through every background check, every license application and every immigration form. The realistic routes to avoiding one:
- Dismissal where the stop, the video or the proof of intent will not hold up. A dismissal costs nothing to expunge.
- Merchant restitution where the store and the prosecutor will resolve it on payment, with no guilty plea. It matters a great deal for anyone who is not a U.S. citizen.
- Judicial diversion under § 40-35-313. A plea is held without a conviction during a probationary period, and when it is completed the charge is dismissed and can be expunged. It can be used once, so whether to spend it on this case is a real decision.
- An amendment to an offense that is not theft, in the right case.
Whichever route it is, the expungement has to be filed; a dismissed charge does not clear itself. If you are a student, a nurse or other licensed professional, or not a U.S. citizen, tell us at the first conversation, because it changes which outcome is the right one. More on first-offense theft and diversion.
What it costs
Our flat fee for a misdemeanor shoplifting charge of $1,000 or less starts at $750 in General Sessions at 201 Poplar and in the Bartlett, Germantown and Collierville courts. Felony theft starts at $1,500. Cases in Fayette County are quoted after we see the paperwork. Court costs, restitution and any civil demand are separate. See what a shoplifting lawyer costs in Memphis.
Frequently asked questions
Does Walmart always press charges for shoplifting?
Whether to call the police is the store’s decision in the moment, and no one outside the store can tell you its internal policy. What matters for you is this: once a citation is written, the store no longer controls the case. The State does, and the State decides whether it continues.
Can Walmart charge me for shoplifting after I leave the store?
Yes. The store can take its video to the police and a summons or warrant can follow later. The State has twelve months to begin a misdemeanor prosecution and two years for a Class E felony.
I made a mistake at self-checkout. Is that still theft?
Not if it was a mistake. Theft requires intent to deprive the store of its price. A missed scan proves a discrepancy, not intent, and the State has to prove intent beyond a reasonable doubt. How the transaction looks on video and in the register’s record is what decides these cases.
Is stealing something under $50 from Walmart a misdemeanor?
Yes. Tennessee has no petty theft category below the misdemeanor line: anything worth $1,000 or less is a Class A misdemeanor, whether it is $20 or $900. The amount still matters to the outcome, but not to the charge.
Do I have to pay the Walmart civil demand letter?
It is a civil claim, not part of your criminal case. Paying it does not dismiss the charge and ignoring it does not create a warrant. Whether paying makes sense depends on the criminal case, so bring the letter to us before you answer it.
Can I go back to Walmart after a shoplifting charge?
Not if you were served a notice barring you from the property. Returning after notice can support a criminal trespass charge, and a national chain’s notice may cover every location.
Will I go to jail for a first Walmart shoplifting charge?
Jail is rarely how a first misdemeanor theft ends, though the law allows up to 11 months and 29 days. The real risk is a theft conviction on your record, and that is what the defense is aimed at preventing. See will I go to jail for a theft charge in Memphis.
Which court is my Walmart shoplifting case in?
The one tied to the agency printed on your citation, not the store. Bartlett police cases are heard in Bartlett City Court, Memphis police and Sheriff’s cases at 201 Poplar, and Fayette County cases in General Sessions in Somerville.
Talk to a Memphis shoplifting lawyer
Brooks Law Firm defends Walmart and Target shoplifting cases every week in Bartlett City Court, at 201 Poplar and in the surrounding counties, from our office at 2299 Union Avenue in Midtown. If you were stopped at a Target, see Target shoplifting charges in Memphis. Text a photo of the citation to 901-412-2973 or call (901) 324-5000.
This page is general information, not legal advice, and reading it does not create an attorney-client relationship. The outcome of any case depends on its facts. Brooks Law Firm is not affiliated with Walmart Inc.; the store name is used only to describe where these charges arise.