(TX Penal Code, §§ 31.01 to 31.16)
Charge Overview - Theft
Most theft cases are misdemeanors and involve 'shoplifting' at a local retail store, such as Wal Mart, HEB, Target, Dillards, Foleys, or Kohl's (all of which have very good 'loss prevention' programs). Other charges are initiated when someone writes a check to a retail outlet with insufficient funds in the account that later 'bounces' and the person either never receives notice or doesn't reimburse the store after they receive notice. Still other theft cases involve property disputes between individuals including spouses and employers/employees.
A theft charge can come in a variety of forms, including Theft of Property (TX Penal Code, §31.03), Theft of Service (TX Penal Code, §31.04), Theft by Check (TX Penal Code, §31.06), or Organized Retail Theft (TX Penal Code, §31.16). Someone is guilty of theft only if they "unlawfully appropriate property with intent to deprive the owner of property... [or] the property is stolen and the actor appropriates the property knowing it was stolen by another (TX Penal Code, §31.03)." The key words here are "with intent." In a Theft of Property shoplifting case, intent is often more clear, but in other types of theft cases intent is often less clear and becomes the central issue in the case.
In a Theft of Property case, the severity of the charge depends on the market value of the property allegedly stolen (with tax included if taken from a retail outlet), as follows:
1) A felony if the value of the property stolen is $1500 or more; or
2) A Class-A misdemeanor if the value of the property stolen is $500 or more but less than $1,500; or
3) A Class-B misdemeanor if: the value of the property stolen is $50 or more but less than $500; or $20 or more but less than $500 and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by §31.06; or the value of the property stolen is less than $50 and the defendant has previously been convicted of any grade of theft; or $20, the defendant has previously been convicted of any grade of theft, and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by § 31.06; or
4) A Class-C misdemeanor if the value of the property stolen is less than $50; or $20 and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by § 31.06. A Class-C theft charge is punishable by a fine not to exceed $500, but simply paying this fine, though easy in the short term, will mean a theft conviction on your record for life that will affect your ability to get a job.
How We Handle Theft Cases
When we are hired to represent someone charged with theft, as with any other type of case, we will navigate our client through the legal process from beginning to end. The first thing we will do is take detailed notes on the facts of the case, focusing on what conduct led to the arrest. We will also order copies of the police report, video (if any), and mail copies to our client, after which they are encouraged to schedule an appointment at our office to discuss. If our client believes that something substantive in the police report is incorrect, we will have them provide us with a written statement (on a form we provide), that we can then provide to the prosecutor. Based on the facts of the case, we will discuss any possible legal defenses. We will also provide our client with a list of proactive things that they can do, or documents they can gather while the case is pending, to increase the chances of a dismissal, or at least to help minimize the severity of their punishment. If the case is not dismissed or reduced to a lesser charge, we will seek to negotiate the best possible plea bargain agreement with the prosecutor and help our client decide whether to accept the prosecutor's best offer or set the case for a trial by judge or jury. A typical Class-A or Class-B misdemeanor Theft of Property charge, if not dismissed or reduced to a lesser charge, and depending on the facts of the case and the person's prior criminal history, will result in some form of probation and a fine.
The Pre-Trial Intervention Program
The Williamson County Attorney has a special six-month program, called the Pre-Trial Intervention Program, for many first-time offenders charged with a Class-A or Class-B misdemeanor, including theft, that results in a dismissal of the charge, but you must apply through your attorney within a specific period of time. If accepted, you must pay a $360 fee, perform 40 hours of community service, take some classes, submit to drug testing, and have an ignition interlock installed on your vehicle (required only in DWI cases), after which the charge will be dismissed. Then two years after the date or your arrest you may petition the court for a complete expunction of the charge, a process whereby an arrest and charge are completely removed from your criminal history and all related records are ordered destroyed.
Scheduling a Free Consultation and the Process to Hire
To schedule a free initial consultation with us to discuss your case, simply call (512) 635-4368 or click on the 'Contact Us' link to complete a short form that will be emailed to us. There is no fixed time limit for a free consultation, but they generally last about 30 minutes. At this meeting we will discuss the basic facts of your case, any possible legal defenses, and a basic strategy for handling your case. We can also discuss payment options/plans if you are unable to pay our fee in full. Once you make the decision to hire, you will need to remain at the office for about an hour to complete the necessary paperwork and review several documents that we will provide you. When you leave our office you will have a complete packet of useful information, you will know exactly what the process will be, and you should feel confident in knowing that you have an experienced attorney to navigate you through the process and help you with your case.
The Law Office of Gregory R. Terra
Attorney/Lawyer
501 S. Austin Ave., Suite 1130
Georgetown, TX 78626
(512) 635-4368
(512) 692-2878 (fax)