Getting a Theft Off Your Record Isn’t Hopeless

June 22, 2012

By Collin County Criminal Lawyer Jeremy Rosenthal

(972) 369-0577

texasdefensefirm.com

Theft looks rough on a background check whether it was for less than $50 or for more than $200,000.

Theft cases are hard to fight too and statistics back that up.  Retail stores today are equipped not only with surveillance cameras but also with extremely aggressive loss prevention officers who routinely suspect innocent people of being criminals.

But it’s not hopeless getting a theft arrest off your record in Collin County if you take the right steps early.  There are two main avenues other than trial which could result in an expunction of a theft arrest.

The first is through the Collin County pre-trial diversion program which is an informal probation by invitation only where the prosecution agrees to dismiss charges and even agrees to an expunction.  An attorney can help make the case to the prosecutor that their client is worthy of invitation and final acceptance into the program — and also evaluate the pros and cons of entering the pre-trial diversion program.

A second way to get a record expunged is by plea bargaining for the prosecutor to agree to reduce the charges to a Class C misdemeanor (usually from a Class B or A misdemeanor) and give deferred adjudication.  This has the legal effect of allowing eligibility for expunction after two years from the date of the arrest if the deferred is successfully completed.

While the statistics and the prognosis can be very daunting when facing a theft charge in Collin County, you should remain hopeful of seeing your way through the problem with patience, diligence and advocacy.

*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 should be considered legal advice.  For legal advice for any issue you should speak directly with an attorney.

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Posted by Jeremy Rosenthal, Esq.

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.

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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.

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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.

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Posted by Jeremy Rosenthal, Esq.

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.

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