First-Offense Retail Theft and What Comes Next
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed May 30, 2026
Legal Inquiry
Consumer Legal Issue
I was caught stealing from a Walmart in Indiana with items totaling $412, and the officer said it was criminal theft. This is my first offense, and the officer did not arrest me or issue a citation, but I was trespassed from all Walmarts. I haven’t been given a court date. Initially, I mistakenly spelled my name wrong before correcting it. What should I expect next, and what.
It happened today they trespassed me and said there were criminal theft charges being filed and a court summons will come in the mail no one asked me to pay.
Attorney Answer
Because the reported value is under Indiana's felony threshold, this is most likely being pursued as misdemeanor theft — but you also face a separate, independent risk if you return to any location of the store.
Under Indiana Code § 35-43-4-2, theft is generally a Class A misdemeanor, elevated to a Level 6 felony only if the property is worth at least $750, among other factors. At $412, this points toward a misdemeanor rather than a felony. Separately, Indiana Code § 35-43-2-2 makes it criminal trespass — generally a Class A misdemeanor — to knowingly enter property after being denied entry, including a store-wide no-trespass notice like the one issued here. So the theft case and the trespass ban are two distinct exposures: even if the theft charge resolves favorably, returning to the store again could trigger a brand-new trespass charge.
What you can do:
1. Do not return to any location of the store — the no-trespass notice applies chain-wide, and a return visit could mean a separate trespass charge regardless of the theft case's outcome.
2. Consult a criminal defense attorney now, before the summons arrives, to be ready as soon as a court date is set.
3. Note the name-spelling correction so your attorney can raise it, since a misspelled name on a citation can matter. Give your account of what happened to your attorney verbally rather than writing it out.
4. Confirm your current mailing address is accurate so the summons reaches you without delay.
⏱ Time limits apply. No court date has been set yet, but once the summons arrives by mail, missing that court appearance can result in a bench warrant for your arrest. Make sure your mailing address is correct now, watch for the summons closely, and have a local criminal defense attorney review your situation promptly so you're ready to respond the moment a date is set.
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Frequently Asked Questions
What determines whether a theft charge is a misdemeanor or a felony?
In many states, this generally depends on the value of the property involved, with a set dollar threshold separating misdemeanor from felony theft.
Can returning to a store after being trespassed lead to new charges?
Generally yes, entering a property after being told not to return can result in a separate trespassing charge, regardless of how an earlier theft case is resolved.
What should someone do while waiting for a criminal summons to arrive by mail?
Generally, it is advisable to confirm a current mailing address with the court, consult a defense attorney in advance, and avoid returning to the location involved.
