Theft San Marcos Criminal Charges

THINGS YOU SHOULD KNOW ABOUT THEFT CASES

  1. A theft conviction on your record is like receiving an economic death penalty. It is difficult to find any kind of decent employment if you have a theft convicton that shows up on a criminal background check. Even a deferred adjudication for theft can be used as an excuse to deny employment. All theft cases should be taken very seriously.
  2. A "hot check" case appears on your criminal history just as if you had shoplifted from Walmart or picked someone's pocket. If you only pay a fine for the bounced check, it still shows up as a theft conviction if you go through a criminal background check. Hot check cases should be taken as seriously as any other type of theft case.
  3. Most people don't intend to steal when they bounce a check. However, the government is allowed to get a legal presumption that a person intended to steal if certain conditions are met. If you bounce a check, the merchant who received the check may send a notice to you by certified mail informing you that the check has bounced and that you have a certain number of days to cover the check. If you then fail to cover the check, and the merchant turns the check into a prosecutor's office, the government gets a legal presumption that you intended to steal when you wrote the check. This is the basis for a Theft by Check case.
  4. Once a check case is filed in court, never pay restitution until a deal is struck between your lawyer and the prosecutor's office. Once the case is filed in court, simply paying the restitution at that point does not make the case go away on its own. But your attorney may be able to use your willingness to pay restitution as a bargaining chip to get a dismissal.
  5. If you knowingly possess stolen property, you can be held just as responsible as the person who stole it. Under a legal doctrine known as the Law of Parties, if you are found in knowing possession of stolen property, you can be charged with Theft.