I am sorry for the delay. I do not log in for Expert work until the afternoons.
There is a big difference in the burden of proof between a criminal and a civil case. In civil law it would just have to be more likely true than not that you took the property. But in Criminal law, a DA would have to show that you stole from the store beyond a reasonable doubt
in order to get a conviction.
Because of that difference in the burden of proof, if the DA dismissed this case outright (if you didn't get your dismissal as part of a diversion agreement after you completed sentence
requirements), that doesn't mean that the civil lawyer for the store will drop this issue. But they might.
I had not realized until you hinted at it in your last post that you were giving thought to retaining a lawyer to sue for malicious prosecution/false arrest
. If that's so you, will want to consult with a plaintiff's personal injury litigator (trial
lawyer) to see how viable your claim is and it would not be a great idea for you to discuss the matter with the store's lawyers, if you are going to turn around and try to sue them and the police. I am linking you to the Texas Bar Association's Lawyer Referral Service
. if you don't have a lawyer or know of one in this area, it's a good place to start so that you're not flying blind.
Basically, though, you should know that this type of a suit is very difficult to win because the police are iimmune from prosecution while acting in the regular course of their duty unless you could show negligence or misconduct. To win on a claim of malicious prosecution, you would have to prove all of the following:
a) a prosecution caused or continued by one person against another
b) termination of the proceeding in favor of the person who was prosecuted
c) absence of probable cause
for initiating or continuing the proceeding
d) initiating or continuing the proceeding with malice or a primary purpose other than that of bringing the offender to justice
A and b are easy to prove. c and d is what can be difficult. So go over all of the details with a lawyer and don't try to negotiate your own settlement with the store until you have either decided not to sue or you've conferred with the lawyer you plan on retaining for the suit.