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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