Is writing a hot check considered theft crime in Texas?
Gary Churak's Answer
Sure. Hot checks are notoriously persecuted by most district attorneys and county attorneys. Basically, the amount of the check determines the severity of the case. Often, hot checks writers have more than one check outstanding. What they do is they take you the accumulative amount of the checks, or they take one or two checks, and then file it. Hot checks are theft. My advice to individuals are, initially, they will receive a letter from the district attorney’s office or the county attorney’s office saying that they have these checks there and you need to pay them before we take criminal action. If there’s any way possible to work a deal to get these checks paid off, so the case is not filed against you, that’s what I’d recommend that you do. If by chance you can’t swing that, you can’t pay them all, then the next best thing is go get yourself a lawyer real quick because what the attorney can do is he can make arrangements to bond out of jail once you’re arrested. He can make arrangements to delay the case long enough, so you could pay the checks off. Often, I’ve been able to have cases delayed to the point where my clients had been able to pay the checks off, and then have the cases dismissed, so there would be no conviction or probation on their record which would mean that at a later date, you can come in and do an expunction of the charge.