The Law Offices of Gary Churak P.C.

San Antonio

14310 Northbrook Drive #210
San Antonio, Texas 78232
San Antonio TX Criminal Defense Attorney

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Frequently Asked Criminal Defense Questions and Video Answers

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Theft is a crime of moral turpitude, a very serious offense. It basically can prohibit you from getting decent paying jobs, renting apartments, getting loans, or even opening a bank account.

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The difference between a misdemeanor and a felony is the severity of the criminal offense. Misdemeanors start at the lowest level, such as class C misdemeanor, which would be a traffic ticket or a minor possession of alcohol, an offense which is punishable by fine only. Then you have class B and A misdemeanors, in which the penalty is jail time in the county jail and fines. Felony charges are more serious. In a felony conviction, you can potentially be sent to the Texas Department of Corrections prison. There are multiple grades of felonies. The lowest is state jail felony with a maximum of 2 years in the state jail. There is a third-degree felony, which carries a sentence of 2 to 10 years in the Texas Department of Corrections (TDC) prison and a second-degree felony, which can be 2 to 10 in prison. A first-degree felony can entail a sentence of 5 to 99 years to life. In addition, you have a capital felony or capital offense, which carries a life sentence or the death penalty.

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In Texas, the severity of the theft charge is based upon the amount of the item or money allegedly stolen. If it is under $50, it is a Class C misdemeanor subject by fine only and no jail time. If it is $50 to $500, it becomes a Class B misdemeanor with up to 6 months in jail. If it is over $500 but less than $1,500, it is a Class A misdemeanor subject to a potential jail term of 1 year. Over $1,500 to $20,000 is a state jail felony, $20,000 to a $100,000 is a third degree, and the severity of the theft case goes up as the amount in question rises. In addition, certain types of thefts automatically become felonies. If you were to use someone’s credit card, identity theft, it is a felony regardless of the amount of dollars alleged to may have been taken. As an example, if you take somebody’s credit card, unauthorized charge and buy a $500 item, it’s still a felony.

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What usually happens is the probation officer will send a report to the district attorney’s office. The district attorney or county attorney will prepare a motion to adjudicate or a motion to revoke probation that is submitted to the judge. The judge will sign an arrest warrant for your arrest, and depending on the situation, you may have a bond set or you may not have a bond set. Eventually you will be arrested and taken to jail. It is a very good idea that if you have an inkling your probation’s going to be revoked, you should contact an attorney. The attorney can begin to make arrangements to have you possibly bond out of jail. It is important to have legal representation as soon as possible in the event of your probation being revoked.

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What will happen if the Risk Manager in the store or a manager would come up to you, and tap on you on the shoulder, and say, “Follow me,” and they’ll take you a little room in the back of the store, and they’ll basically begin questioning you about what you took and how you took it? Most times, they actually have you on videos taking the item. At that point in time, they will decide what they want to do with you. Some stores, if the amount is minimal and they really don’t want to deal with the police, will just let you go and tell you don’t ever come back. A lot of stores will basically call the local police department. They will come down and depending on the amount of the items taken will either issue a citation if it’s under $50 to appear in a municipal or JP court; or if it’s over $50, they have two options. They can either put you in handcuffs and take you down to the county jail, or they can issue you a citation to appear in county court at law or county court in a later date. At that point in time, you have a serious problem. You have been arrested for theft which is considered a crime of moral turpitude and could have tremendous effects on your ability to earn a living, get an apartment, and basically live a life.

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