Showing posts with label Houston Theft Lawyer. Show all posts
Showing posts with label Houston Theft Lawyer. Show all posts

Friday, March 6, 2015

Houston Hot Check Lawyer Andy Nolen Over 400 Cases Dismissed

Houston Hot Check Lawyer Andy Nolen
Houston Hot Check Lawyer Andy Nolen has 20 years experience helping people charged with misdemeanor or felony theft, theft by check, employee theft and theft by receiving.   If you have been charged with theft be aware of the following:

1.  Theft by Check is considered a crime of moral turpitude.  It is a legal term of art which has no statutory definition but courts have ruled that theft IS a crime of moral turpitude.

Conviction of a crime of moral turpitude can be used against a witness for 10 years after conviction or release from confinement (whichever is later) in any proceeding to discredit their testimony. This means that if you are convicted of, for example,  misdemeanor theft, the conviction can be used against you in a completely unrelated case like a divorce or custody hearing, for the next 10 years to discredit your testimony by showing that you are a dishonest person.

Federal statutes use the term "Crimes Involving Moral Turpitude" to indicate crimes which can can cause a non-citizen resident alien to become eligible for deportation. The Federal statutes don't give a list of these crimes, but it appears to mean the same types of crimes as the State. If you are a non-citizen resident alien and you have been charged with an offense which may be considered a crime of moral turpitude a conviction could result in denial of admission to the country.
2.  A theft conviction is on your record for life.  Many people think a conviction is on your record in the same way as a bad credit report.  They are wrong.

3.  If you get deferred adjudication, the theft by check offense still shows up on your record...for life.  You need to follow up a successful deferred adjudication with a Petition for Nondisclosure.  A Petition for Nondisclosure makes your record hidden from the public.  Law enforcement can still see it.

4.  If you were an employee and you stole from your employer, the District Attorney will usually not offer Deferred Adjudication and you may have to argue your case before the judge.

5.  Houston Hot Check Lawyer Andy Nolen has noticed that many people want to "get the case over as quickly as possible".  If your convicted, your case will never end, it will be on your record for life and you will be discussing it at every job interview you have from now on.

Houston Bad Check Lawyer Andy Nolen has 20 years experience, has had over 3000 clients, and has had hundreds of cases dismissed.  If you have been charged with any kind of theft case, please call Houston Theft Lawyer Andy Nolen at 832-480-8951 for a free consultation.

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Friday, May 25, 2012

TITLE 7. OFFENSES AGAINST PROPERTY CHAPTER 31. THEFT

Grand Theft Auto (film) (Photo credit: Wikipedia)

PENAL CODE
TITLE 7. OFFENSES AGAINST PROPERTY
CHAPTER 31. THEFT
                            
Sec. 31.01.  DEFINITIONS.  In this chapter:
(1)  "Deception" means:
(A)  creating or confirming by words or conduct a false impression of law or fact that is likely to affect the judgment of another in the transaction, and that the actor does not believe to be true;
(B)  failing to correct a false impression of law or fact that is likely to affect the judgment of another in the transaction, that the actor previously created or confirmed by words or conduct, and that the actor does not now believe to be true;
(C)  preventing another from acquiring information likely to affect his judgment in the transaction;
(D)  selling or otherwise transferring or encumbering property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment is or is not valid, or is or is not a matter of official record;  or
(E)  promising performance that is likely to affect the judgment of another in the transaction and that the actor does not intend to perform or knows will not be performed, except that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed.
(2)  "Deprive" means:
(A)  to withhold property from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the property is lost to the owner;
(B)  to restore property only upon payment of reward or other compensation;  or
(C)  to dispose of property in a manner that makes recovery of the property by the owner unlikely.
(3)  "Effective consent" includes consent by a person legally authorized to act for the owner.  Consent is not effective if:
(A)  induced by deception or coercion;
(B)  given by a person the actor knows is not legally authorized to act for the owner;
(C)  given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable property dispositions;
(D)  given solely to detect the commission of an offense;  or
(E)  given by a person who by reason of advanced age is known by the actor to have a diminished capacity to make informed and rational decisions about the reasonable disposition of property.
(4)  "Appropriate" means:
(A)  to bring about a transfer or purported transfer of title to or other nonpossessory interest in property, whether to the actor or another;  or
(B)  to acquire or otherwise exercise control over property other than real property.
(5)  "Property" means:
(A)  real property;
(B)  tangible or intangible personal property including anything severed from land;  or
(C)  a document, including money, that represents or embodies anything of value.
(6)  "Service" includes:
(A)  labor and professional service;
(B)  telecommunication, public utility, or transportation service;
(C)  lodging, restaurant service, and entertainment;  and
(D)  the supply of a motor vehicle or other property for use.
(7)  "Steal" means to acquire property or service by theft.
(8)  "Certificate of title" has the meaning assigned by Section 501.002, Transportation Code.
(9)  "Used or secondhand motor vehicle" means a used motor vehicle, as that term is defined by Section 501.002, Transportation Code.
(10)  "Elderly individual" has the meaning assigned by Section 22.04(c).
(11)  "Retail merchandise" means one or more items of tangible personal property displayed, held, stored, or offered for sale in a retail establishment.
(12)  "Retail theft detector" means an electrical, mechanical, electronic, or magnetic device used to prevent or detect shoplifting and includes any article or component part essential to the proper operation of the device.
(13)  "Shielding or deactivation instrument" means any item or tool designed, made, or adapted for the purpose of preventing the detection of stolen merchandise by a retail theft detector. The term includes a metal-lined or foil-lined shopping bag and any item used to remove a security tag affixed to retail merchandise.
(14)  "Fire exit alarm" has the meaning assigned by Section 793.001, Health and Safety Code.

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Sec. 461.015. PUBLIC INTEREST INFORMATION AND COMPLAINTS

IPT Complaints vs Complaints Upheld 2001-2008
IPT Complaints vs Complaints Upheld 2001-2008 (Photo credit: Wikipedia)

Sec. 461.015.  PUBLIC INTEREST INFORMATION AND COMPLAINTS.  (a)  The commission shall prepare information of public interest describing the functions of the commission and the commission's procedures by which complaints are filed with and resolved by the commission.  The commission shall make the information available to the public and appropriate state agencies.
(b)  The commission by rule shall establish methods by which consumers and service recipients can be notified of the name, mailing address, and telephone number of the commission for the purpose of directing complaints to the commission.  The commission may provide for that notification:
(1)  on each registration form, application, or written contract for services of a person or entity regulated or authorized by this chapter;
(2)  on a sign that is prominently displayed in the place of business of each person or entity regulated or authorized by this chapter;  or
(3)  in a bill for service provided by a person or entity regulated or authorized by this chapter.
(c)  The commission shall keep a file about each written complaint filed with the commission that the commission has authority to resolve.  The commission shall provide to the person filing the complaint and to the persons or entities complained about the commission's policies and procedures pertaining to complaint investigation and resolution.  The commission, at least quarterly and until final disposition of the complaint, shall notify the complainant and each person or entity complained about of the status of the complaint unless notice would jeopardize an undercover investigation.
(d)  The commission shall keep information about each complaint filed with the commission.  The information must include:
(1)  the date the complaint is received;
(2)  the name of the complainant;
(3)  the subject matter of the complaint;
(4)  a record of all persons contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint;
(6)  an explanation of the reason the complaint was closed without action, for complaints on which the commission took no action.
Acts 1989, 71st Leg., ch. 678, Sec. 1, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 577, Sec. 5, eff. Sept. 1, 1997.

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