Why a Theft Charge is Bad News

March 17, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

Theft is regarded in Texas as a “crime of moral turpitude” unlike driving while intoxicated or drug possession.

Crimes of moral turpitude have far-reaching collateral consequences that can almost be incalculable ranging from denial of professional licensing, to federal immigration consequences, to being impeached in future legal proceedings.

Theft is beatable in court. There are also ways of getting the theft charge off your record through probation programs by agreement.

There is no one comprehensive list of crimes of moral turpitude and there is no universally agreed upon definition, but theft has been held to be one and is squarely within what courts have defined to be crimes of moral turpitude in the past.  Milligan v. State, 554 S.W.2d 192 (Tex.Crim.App. 1977).

What this means is that EVERY theft case is a big deal regardless of whether it’s shoplifting a pack of gum or multimillion dollar embezzlement.  When dealing with any type of theft or shoplifting charge, it is always critical to consult an attorney who can attack your legal problem with the long range vision of keeping your future goals in-tact.

Even taking deferred adjudication on theft or shoplifting cases can have collateral consequences that are unforeseen.  For instance the federal government or other states may not necessarily accept your texas deferred adjudication on theft and they could conceivably treat deferred as a conviction.  Also, many civil administrative and occupational Texas statutes may come into play with regards to your job and profession — and those statutes are subject to change years after your case was completed.

Unfortunately, many people who took a quick and easy deal when they were younger to either save money on hiring a lawyer or because they didn’t think it was a big deal — find out years later when they lose an important opportunity. For a theft or shoplifting case, regardless of how small, you should get a lawyer!

*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.


Do I need an Attorney for a Theft Case in Texas?

February 10, 2010

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

texasdefensefirm.com

(972) 369-0577

Yes, even if they’re accusing you of taking a penny.

Being convicted or even getting deferred adjudication on a theft case is bad news in Texas.  There are countless unseen consequences.

It is one of a handful of charges that the stigma attached to your criminal record in practically every case is worse than any punishment if you are convicted or get deferred.

Not only that, but the judicial system and many governmental agencies consider theft to be a “crime of moral terptitude.”  This can cause wide ranging problems from immigration consequences to professional licensing denial or suspension such as being a doctor, lawyer, or any other job that requires a license such as nursing or being a real estate agent.

Explaining a theft away on your criminal record is a hard thing to do whether it was a pack of chewing gum or gold bullion they accused you of taking.  Think of the disadvantage you’ll have 15 years from now in applying for a job handling money when your competition won’t spend 5 minutes of the interview talking about a previous theft charge — but you will!

The worst mistake you can make if you have been charged with theft is to blow it off because perhaps you don’t think you can win, or it was a prank, or someone else really did it and you just happened to be there and you think you can explain it away later.

In Collin County, Texas, where I practice, I have seen juries be tremendously compassionate to persons accused of theft and acquit them.  The State must prove their case beyond all reasonable doubt and a good lawyer will demand the jury acquit you if the State can’t meet their burden regardless of what happened.  Theft charges must typically be aggressively defended. Even if the case is very difficult, there may be other options to lessen the blow but those are legally complex.  A theft charge is no time to learn how to be a lawyer on your own!

*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 specific legal advice.  For legal advice, consult an attorney.