Organized Retail Theft Defense in Fort Bend County

Providing Aggressive & Strategic Defense Since 2013

Organized retail theft cases can escalate quickly. What begins as a single store allegation can be charged as a coordinated scheme, with prosecutors combining incidents, people, and locations to pursue higher-level offenses under Texas law.

The Sims Law Firm, PLLC fights organized retail theft charges head-on. Attorney Brandon Sims is a former prosecutor who has practiced criminal defense since 2013, and the firm is solely dedicated to defending the accused. We stand between our clients and the State, protecting their rights and pushing back hard against overreach from the start.

Protect your record and your future. Contact us online or call (713) 766-1445 now for a free consultation.

When a Theft Allegation Becomes an Organized Retail Theft Charge in Texas

Many people are surprised to learn that an organized retail theft charge is not limited to large theft rings or sophisticated operations. Under Texas Penal Code § 31.16, prosecutors can file this offense based on how the State frames the conduct, the number of incidents involved, and whether they claim coordination or benefit from someone else’s actions.

Organized retail theft charges most often come up when the State alleges one of the following:

• Two or more people acted together in a way prosecutors describe as “acting in concert” to deprive a merchant of retail merchandise
• The same person is accused of theft on two or more occasions within 180 days, even if the incidents were separate
• Someone is accused of benefiting from another person’s theft, such as receiving proceeds or helping move merchandise, even without entering the store
• The State claims the conduct was meant to overwhelm store security or avoid detection, which can be alleged even without force or violence

These cases often turn on how broadly prosecutors interpret coordination, intent, and value. At The Sims Law Firm, PLLC, we know how quickly a shoplifting accusation can be elevated into an organized retail theft filing, and we focus early on challenging the theory the State is using and the evidence they rely on to support it.

What The Sims Law Firm, PLLC Does for Organized Retail Theft Defense

An organized retail theft charge requires an active, early defense. These cases often involve aggressive charging decisions, broad theories, and prosecutors working to connect separate incidents into a single narrative. The Sims Law Firm, PLLC steps in to protect your rights immediately and to keep the case grounded in what the State can actually prove.

Our work often includes:

• Taking over communication with law enforcement and prosecutors so you are not pressured into interviews, statements, or informal “clarifications”
• Demanding the evidence early, including surveillance footage, loss prevention reports, pricing records, and any aggregation calculations
• Challenging overbroad “concert of action” claims when the State relies on proximity or association rather than real coordination
• Scrutinizing value and aggregation strategies that prosecutors use to raise charges into felony territory
• Filing motions to exclude unlawfully obtained evidence, including evidence tied to questionable searches, seizures, or warrants
• Preparing for negotiation or trial with a clear defense strategy, built around proof problems, credibility issues, and legal defenses

Get Help Quickly When Timing Matters

Organized retail theft investigations move fast, and early decisions can affect everything that follows. The Sims Law Firm, PLLC makes it easy to speak with a defense lawyer right away, with flexible options designed for urgent situations.

• 24/7 availability so you can reach our office whenever an arrest, call, or investigation happens
• Virtual consultations for clients who need immediate guidance without waiting for an in-person meeting
• Free initial consultations so you can understand your options before making any decisions about your defense

Attorney Brandon Sims: A Former Prosecutor Focused on Defending the Accused

Attorney Sims began his career on the prosecution side of the courtroom, where he handled criminal cases and learned how charging decisions are made, how investigations are structured, and how prosecutors evaluate evidence. He understands how cases are assembled from the inside, which allows him to anticipate the arguments the government is likely to make and to challenge weak points before they gain traction.

Since 2013, he has devoted his practice exclusively to criminal defense. The firm is built around aggressive advocacy and steady support for people facing some of the most stressful moments of their lives. Every case receives focused attention, clear communication, and a defense strategy designed to protect rights, reputation, and future.

To hear from individuals we've fought for, we invite you to visit our Testimonials or Case Results page.

How The Sims Law Firm, PLLC Challenges the State’s Evidence

Organized retail theft cases often look strong on paper because the offense report states conclusions. Our job is to force the State to prove those conclusions with actual evidence, tied to specific dates, stores, and alleged conduct.

At The Sims Law Firm, PLLC, we focus on the pressure points that regularly determine whether a case holds up:

• Identity and attribution. We examine whether the State can truly prove the person on camera is our client, especially when footage is unclear, incomplete, or based on assumptions.
• “Acting in concert” allegations. We challenge claims that proximity, shared transportation, or being present at the same location equals coordinated criminal conduct.
• Benefit-based charges. When prosecutors allege someone knowingly obtained a benefit from organized retail theft, we press the State to prove actual knowledge, not association.
• Surveillance integrity. We scrutinize whether footage is complete, whether time gaps exist, and whether clips have been selected in a way that changes the context of what occurred.

We do not accept summaries at face value. We break the case down incident by incident and demand proof that meets the legal standard required in court.

If you are under investigation for organized retail theft, contact us online or call (713) 766-1445 for a free consultation.

Frequently Asked Questions

Can I be charged even if I never left the store with anything?

Yes. A charge can be filed based on what the State believes happened, even if merchandise was recovered inside the store. What matters is what they claim you intended to do and what their evidence actually shows. Early case review should focus on video, statements, and how the incident was documented.

What should I gather before I talk to a lawyer?

Bring anything that helps rebuild the timeline and the State’s proof, including receipts, bank or card records, store paperwork, bond paperwork, court notices, and screenshots of any messages related to the incident. If you have location history or transaction history that helps you, preserve it. Do not delete messages or accounts.

Can I travel or leave Texas while the case is pending?

It depends on your bond conditions and whether a court date is coming up. Missing a court setting can trigger a warrant. Before traveling, confirm your next court date and review bond terms with your lawyer so you do not create a preventable violation.

How do I keep this from getting worse while it’s pending?

Show up to court, follow bond rules, avoid contact with anyone listed as a witness, and stop discussing the case by text or on social media. Preserve records that help you, and let your lawyer handle communications with law enforcement and prosecutors.

Will they take my phone or ask for passwords?

It can happen, especially if the allegation involves coordination, messaging, or online reselling. You generally do not have to provide your passcode on demand. Do not unlock a device “just to help.” Tell them you want counsel and let your lawyer address any requests through proper legal channels.