Are you or someone you know facing a theft by check charge or theft by service charge in Fort Worth, Arlington or a surrounding city? If so, you need an experienced Fort Worth Criminal Lawyer who can effectively represent you. If you have been charged with theft in the Fort Worth area, it is likely that you are facing misdemeanor that, if convicted, could result in life changing circumstances. Your liberty is at risk! It is critical that you hire an attorney in Fort Worth who specializes in criminal defense and theft cases.
In many cases theft by check can happen on accident, when someone accidentally writes a hot check. Whether you have fallen on hard times or simply didn’t notice the money was not there when you wrote the check, the criminal charges you are facing because of this simple mistake will not go away on their own.
Texas Penal Code §31.06 states that a person commits the offense of theft by check if the actor obtained property or secured performance of service by issuing or passing a check or similar sight order for the payment of money, when the issuer did not have sufficient funds in or on deposit with the bank or other drawee for the payment in full of the check or order as well as all other checks or orders then outstanding, it is prima facie evidence of his intent to deprive the owner of property under Section 31.03 (Theft) including a drawee or third-party holder in due course who negotiated the check or to avoid payment for service under Section 31.04 (Theft of Service) (except in the case of a postdated check or order) if:
(1) he had no account with the bank or other drawee at the time he issued the check or order; or
(2) payment was refused by the bank or other drawee for lack of funds or insufficient funds, on presentation within 30 days after issue, and the issuer failed to pay the holder in full within 10 days after receiving notice of that refusal.
Texas Penal Code §31.04 states that a person commits the offense of theft by service if, with intent to avoid payment for service that he knows is provided only for compensation:
(1) he intentionally or knowingly secures performance of the service by deception, threat, or false token;
(2) having control over the disposition of services of another to which he is not entitled, he intentionally or knowingly diverts the other’s services to his own benefit or to the benefit of another not entitled to them;
(3) having control of personal property under a written rental agreement, he holds the property beyond the expiration of the rental period without the effective consent of the owner of the property, thereby depriving the owner of the property of its use in further rentals; or
(4) he intentionally or knowingly secures the performance of the service by agreeing to provide compensation and, after the service is rendered, fails to make payment after receiving notice demanding payment.
Theft by check is a class B misdemeanor if the value of the check was between $20 and $500. The punishment range for Theft by service is dependent upon the value of the service stolen. If you have been charged with these types of theft call me at 817-886-3078. A theft conviction could carry with it the possibility of jail time. At Fulgham Law Firm P.C. our goal is to prevent jail time and to achieve a result that helps you clear your record. Call today for a free case review .