With offices in Austin, San Antonio, Belton, and Dallas / Fort Worth (Principal Office in Austin)
CONTACT US AT 866-722-8400
The Texas Penal code §31.03 define in part theft as follows: A person commits “theft” if he unlawfully appropriates property with intent to deprive the owner of property. The Government has the burden of proving that a person charged with “theft” has unlawfully appropriated the property. In order to meet their burden the State must also prove that one had the intent to deprive the owner of the property. The Texas Penal Code §31.01 defines “Deprive” as withholding property from the rightful owner. The deprivation must either be permanent or for such an extended period that the rightful owner loses a large portion of the value and enjoyment from the property. One can also deprive the rightful owner of property by refusing to “restore property” only upon payment of a reward or some other form of compensation. One can also deprive another of their property by disposing of the property in a manner that makes it unlikely that the owner will recover the property. Upon request by the defense, the prosecutor has a personal duty to seek out, review, and provide favorable information. This is often called Brady material. This favorable information includes impeachment material in possession of the state. Our office will timely request exculpatory evidence! We will use this information to ensure that the state must prove every element of its case against you, and explore every possible defense.
Of late, we have seen a large number of clients that have been duped by fraudulent scams into cashing checks for other people. Often times the person providing the check is a friend or loved one who claims that he or she does not have a bank account, and therefore, needs your help to cash the check. Other times, the check is provided through an internet scam. Please be mindful of anyone asking you to cash a check on his or her behalf. Also, be mindful of receiving any type of compensation via check through some sort of internet promotion. Generally, these internet scams provide you with a fraudulent check and request that you send a portion back to the company to purchase the supplies necessary to run an at home business. Another variation of the scam is that the purported company requests personal information in order to “hire” you so that the mastermind behind the scam can have access to your accounts. The number of cases involving fraudulent checks that were cashed by clients that were unaware of the fraud is growing dramatically. Our office has been successful at defending those that have truly been duped.
If you have been charged with any type of theft, please contact us at 866-722-8400 24 Hours a Day.
- Theft of service
- Theft of trade secrets
- Theft by check
- Unauthorized Use of a Vehicle