Facing theft charges in the DFW area?
Theft or fraud-related crimes are almost always by definition “crimes of moral turpitude”. This means the crime itself is considered wrong and/or immoral itself. Because most theft and fraud crimes by definition involve an element of dishonestly, they are almost always classified as crimes of moral turpitude.
A crime of moral turpitude does not depend on whether the offense is misdemeanor or felony. Even a Class C misdemeanor theft of less than $100 dollars, will have serious life-changing negative consequences if you are convicted.
Theft or Crimes Against Property both misdemeanor and felonies such as:
- Theft of Property
- Theft of Service or Hot Check cases
- Credit Card Abuse
- Fraudulent Use or Possession of Identifying Information
Getting a Theft Offense Dismissed:
- Pretrial Diversion: Pretrial diversion is a program for certain types of qualifying offenses / offenders where the charge is dismissed in exchange for successful participation in a court-supervised program. Most theft offenses are eligible for pretrial diversion if it is a first offense.
- Restitution Dismissal: A restitution dismissal involves an agreement where the State agrees to dismiss the charge against the Defendant if the Defendant returns or repays the missing or lost property to the victim.
- Conditional Dismissal: A conditional dismissal is a private agreement reached between your attorney and the prosecutor where the prosecutor agrees to dismiss the charge against you upon proof that you have completed certain conditions. Unlike pretrial diversion, there is no formal supervision by the Court or community supervision / probation.
- Class C Reduction: On occasion, the State may be willing to dismiss a misdemeanor or felony assault charge in exchange for no a contest plea with deferred probation on a Class C (citation punishable by fine only) offense. Because Texas allows you to expunge a Class C offense after deferred probation, this ultimately provides a mechanism to get a dismissal and completely expunge the arrest from your record.
- Plea in Bar: A plea in bar occurs where the State agrees to dismiss one or more charges in exchange for an agreed resolution or plea to some other pending charge.
- Set for Trial: Depending on the charge, the Court, and the prosecutor, the State simply may not have the stomach for a trial. Sometimes it takes the State so long to get ready for trial that a Defendant’s rights to a speedy trial is violated. If the Judge agrees, the case gets dismissed before it is ever set for trial.
- Acquittal: On occasion, the best way to resolve your case may simply be to set the case for trial and try the case before a jury or a judge. You are presumed innocent, and the State has the burden of proving your guilt beyond a reasonable doubt. If you are found not guilty, you receive an Acquittal and are eligible to expunge the arrest immediately
You owe it to yourself to at least consult with an experienced criminal defense attorney to find out whether your case can be dismissed, reduced, or otherwise kept off your record.
Need Help with a Theft or Fraud Charge?
If you have been arrested, charged, or have found out that you have a warrant for a theft or fraud offense, contact Fellman Law Office at (214) 530-2056 and ask for a free consultation with attorney Marc Fellman.