Female Shoplifting and Depression – A Link?

April 19, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

I’m not a psychiatrist or a psychologist.  My law license says “Counselor” and I joke that I’m not exactly sure why.

Regardless of the disclaimers, it seems to me that there may be a link between depression and theft when it comes to women.  Just in surfing the internet, there is article after article about the links between the two from medical professionals and non-professionals alike.  Even Winona Ryder, famed shoplifter from 2001, suffered from depression and anxiety disorders.

Putting on our lawyer’s hat, the question isn’t necessarily the same question that medical professionals may ask themselves.  The legal question is two-fold.  First, how does this apparent phenomenon translate into legal reality — and second, what are appropriate treatments assuming conventional criminal justice punishment misses the mark?

Texas Penal Code 8.01 is the insanity defense.  That statute states,

“(a)  It is an affirmative defense to prosecution that, at the time of the conduct charged, the actor, as a result of severe mental disease or defect, did not know that his conduct was wrong.

“(b)  The term “mental disease or defect” does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct.

As you can see, the statute expressly prohibits diagnoses such as kleptomania or other “abnormality manifested only by… antisocial conduct.”  This language may tend to have courts highly scrutinize an insanity defense in a shoplifting or theft case.  Indeed, Texas case law is somewhat scant in these cases as well providing little useful guidance.

Not only do courts highly scrutinize the insanity defense for theft cases, but many jurors have an extremely difficult time acquitting or excusing someone who is factually guilty of any criminal offense.

Based on the legislature, courts, and jurors view of the insanity defense, an insanity defense could be an extremely difficult defense to raise in a theft or shoplifting situation.

As far as treatment is concerned, most courts in Texas send persons that have either plead guilty to theft to “anti-theft classes” for probation.  Also, not being a medical professional, my guess is that therapy, counseling, and/or medical treatment for the underlying depression and discussion of the triggers for the theft actions can never be a bad idea.  The problem is that the counseling and treatment may come along with a painful criminal record.

Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For specific legal advice, you should always consult an attorney.

2 Comments | Theft, Uncategorized | Tagged: , , , , , , , , , , | Permalink
Posted by Jeremy Rosenthal, Esq.

Don’t Plead Guilty to Theft If All You Did was Really Bounce a Check

April 18, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

Theft by check is governed by Texas Penal Code 31.03(e).  Issuance of a bad check (“IBC”), is controlled by section 32.41.  The differences are simple, but major — one charge is like any other theft charge, and the other is simply writing a bad check.  Most theft by check charges are class b misdemeanors or above ($20 to $500 are class b misdemeanors) while an IBC charge is a class c misdemeanor — the lowest level of offense in Texas.

Theft is a crime of moral turpitude while IBC is not.  Further, class b misdemeanors are more difficult to have expunged than class c misdemeanors.

Theft in Texas is simply defined when a person, “…unlawfully appropriates property with intent to deprive the owner of property.”  A Theft by check is merely a theft where the check was the instrumentality of the offense.

Issuance of a bad check is where a person, “issues or passes a check or similar sight order for the payment of money knowing that the issuer does not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders outstanding at the time of issuance.”

The theft and IBC statutes have many different mechanisms for legal presumptions which may be used at trial to try and prove that the accused had knowledge of bad nature of the check which you can review if you are interested here.

Here’s what you need to know if you’re being charged — know exactly which charge you are accused of!  In Collin County, the District Attorney’s office prosecutes many theft by check cases.  Quite possibly many of these could also have been brought as a class c IBC.  The State in these types of cases have very technical and difficult tasks of proving knowledge of the check being bad at the time it was issued — and as a result these cases can be very winnable.

Never simply “pay the ticket” without knowing exactly what it is you are being accused of doing.  This is a recipe for disaster when you discover 3, 4, or 10 years later that you really plead guilty to theft when all you did was bounce a check!

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice, you should always consult an attorney.

2 Comments | Theft, Uncategorized | Tagged: , , , , , , , , | Permalink
Posted by Jeremy Rosenthal, Esq.

Texas Theft Level Charge Classifications

April 9, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

Criminal charges for theft in Texas depend on the amount or value alleged to have been stolen.  Regardless of how small a theft charge may be, however, the stigma attached with a theft charge is extremely damaging.

Below $50; Class C misdemeanor (Fine not to exceed $500).

Between $50 and $500; Class B misdemeanor (up to 180 days county jail and/or $2,000 fine).  Theft by check is a Class B misdemeanor where the check was above $20 even though the amount would normally qualify for a Class C.

$500 to $1,500;  Class A misdemeanor (up to 1 year county jail and/or $4,000 fine).

$1,500 to $20,000;  State Jail Felony (between 180 days and 2 years State jail and fine up to $10,000).

$20,000 to $100,000; Third Degree Felony (between 2 and 10 years TDC and fine not to exceed $10,000).

$100,000 to $200,000; Second Degree felony (between 2 and 20 years TDC and fine not to exceed $10,000).

$200,000 and above; First Degree felony (between 5 and 99 years TDC and fine up to $10,000).

Theft crimes are also subject to enhancements.  For example, two final theft convictions in any amount can make a third theft conviction in any amount a State Jail Felony.  This means a petty theft of a pack of chewing gum could conceivably be a felony with two prior theft convictions in the past.

Regardless of the amount — there is no such thing as a small theft charge.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For specific legal advice you should consult an attorney.

1 Comment | Theft, Uncategorized | Tagged: , , , , , , , , | Permalink
Posted by Jeremy Rosenthal, Esq.

Am I Guilty Just Because I was There?

March 1, 2010

By Collin County Criminal Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

In Texas, mere presence at a crime scene alone is insufficient to sustain a conviction.  The difference between just being at a crime scene and doing something which can be considered aiding or abetting is paper thin, however.  And if you’re complicit in an offense — you can be held equally responsible.

Texas has what is called the law of parties in criminal cases.  It is governed by Section 7.02 of the Texas Penal Code.

Tex.Pen.C. 7.02(2) says that if a person, “solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense…” then they are criminally liable as well.  I’ve italicized the words above to show just how liberal the application of that law can be.

Let me give you a hypothetical of how this rule applies.  Take two 18-year old boys at the mall.  One decides he’s going to shoplift and the other doesn’t know about it.  If the friend doesn’t see and doesn’t know that the other was trying to steal as they all walk out of the store — it would be very difficult to say the non-stealing friend is guilty under the law of parties.  Certainly the shop owner and police may think so; but they would have to prove that in court.

On the other hand, let’s say the one guy is trying to shoplift and friend sees it.  He doesn’t participate, but he gets nervous and when the shop owner looks over at him, he “acts natural.”  Are both guilty of theft?  It’s a tough question.  Some jurors may consider that aiding or attempting to aid in the furtherance of the offense.

Issues like these are why criminal defense lawyers experienced in trial are crucial.  A criminal defense lawyer can force the prosecution to prove the complicit beyond all reasonable doubt.  If the prosecution can’t, then there will be an acquittal.  The burden is on the state to prove your intent and your actions.  The burden isn’t on you to show you were innocent!

It should be noted that there are many offenses where people have an affirmative duty to report the crime that they’ve witnessed.  This generally includes felony offenses and other cases where the witness owes a special duty to the victim.  Also anytime a person suspects abuse or neglect of a child, they have a legal duty to report the same to Child Protective Services.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice, please consult an attorney.

2 Comments | Theft | Tagged: , , , , , , , , , , , | Permalink
Posted by Jeremy Rosenthal, Esq.

Notice to Appear Letter

February 19, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

I Just Got a “Notice to Appear” Letter.  What Does it Mean?

You have been charged with a criminal offense in Collin County, Texas.  In all likelihood it stems from an arrest in the previous months perhaps for DWI, marijuana possession, assault or theft.

This letter means the case has been formally charged by the District Attorney’s Office (for misdemeanors) or a Grand Jury (for felonies).

Why Do I Need to Be In Court?

Court appearances serve two functions.  It’s the Court’s way of making sure (1) you are attempting to resolve the case; and (2) you’re honoring your conditions of bond.

Collin County Courts handle thousands of criminal cases per year.  Having Appearances is how they keep cases moving through the system.

What Will Happen at this Appearance?

An appearance is like a work session between your lawyer and the prosecutor.  This is your lawyer’s opportunity to get a police report, video evidence, and plea recommendations from the prosecutor.

Most of the time a first appearance in Collin County results in the case being “passed” for another announcement – meaning you’ll come back in another month for another court date.

By the second month, though, hopefully your lawyer will have been able to do even more legal research and factual research based on what they learned on the first setting so they can have a better picture in your case.

Your case may have several announcement settings before it is resolved either by a trial, plea or dismissal.

What Do I Need to Do to Prepare?

Nothing.  An appearance in Collin County isn’t a trial or a contested matter.

If you do see the judge it’s almost always going to be your choice.  If you chose to plead guilty on the very first setting, you’ll see the judge or if you come to court without a lawyer, many judges will lecture you on the dangers and disadvantages of not having a lawyer in front of the court reporter.

What Happens if I Don’t Come to Court for My Appearance?

If you don’t come to court, a warrant can be issued for your arrest.  Some Courts will excuse your appearance on a first or second announcement IF YOU HAVE A LAWYER.  You should never assume your attendance is excused, however, and should always clear it in advance.

Do I Need a Lawyer for a First Appearance?

Yes.

Many people feel like they just want to talk with the prosecutor first.  That might be okay if you were charged with a parking ticket or moving violation.  If you have a court case in County Court at Law or District Court in Collin County, though, your charges are a bit more severe.

Here’s what I think about visiting directly with a prosecutor about your case.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice you should consult an attorney.

2 Comments | Assault, Drugs, DWI, Theft, Uncategorized | Tagged: , , , , , , , , , , , | Permalink
Posted by Jeremy Rosenthal, Esq.

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