Legal Question in Criminal Law in Texas

The criminal case and the civil demand are two separate situations. First the criminal case. It is a class C misdemeanor because it was under $50. It is punishable by a fine only. However, you do not want to simply pay the fine or you will have a final conviction for a crime of moral turpitude. You want to ask the judge to give you a deferred prosecution which is like a probation - at the end of the deferral period if you have done all of the requirements then the case is dismissed. Two years after the dismissal you can file a petition in civil district court to expunge your record.

As far as the civil demand is concerned, the law provides that a retailer can charge a fee to shoplifters because of the money they must spend to try to curb or stop shoplifting. If you do not pay the fee, then the demand letters will escalate. If you never pay the fee, then in order for them to get the money from you, they will have to file a lawsuit against you. This means they will have to hire a lawyer (different from the one who sends the form letters), pay a filing fee, pay the lawyer to work on the case including discovery, etc., and then go to trial or settle. If they get a judgment against you or whomever else they have sued in other situations, they might never recover the money because the person may not have it. So, it is like possibly throwing good money after bad. I have never heard of anyone being sued and I know that many lawyers advise clients not to pay the money. Paying the money will not stop the criminal case nor will it make it worse. It is your decision.