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   Tom O'Leary, Attorney at Law

   1717 W. 6th Street, Suite 258

   Austin, TX, 78703

 

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Tom O'Leary

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Theft

Theft is something you should avoid having on your record at all costs. Nothing follows you in your life as much as a theft record. It means an employer can deny you employment because of your record. It can be a harsh consequence for someone young who really did not understand the significance of a bad decision. Please feel free to call us for an appointment if you have been charged with theft.

  • Am I going to Jail?

Everyone arrested for theft will be taken to jail at the time of arrest. However, in some cases, a person accused of theft may be released on the scene if it is a small class "C" misdemeanor theft. Once the case is disposed of at a later date, a person may or may not be sentenced to jail depending on the case. Each case is different and many factors are involved concerning what can happen; however, for a typical first time misdemeanor theft, going to jail is not the normal sentence.

  • Theft by Check

Theft by check is a very common type of case. The fact that the case started because of a check issue does not mean it is any less serious than other types of theft cases. It can lead to a record for theft which is a serious matter. Depending on the amount and circumstances, most Counties and prosecutors are more interested in restitution than punishing a person who wrote the checks. Please feel free to contact us for more information.

  • Employee theft

Employee theft is a very common charge and each case is truly different depending on the severity of the charge. It is considered a more heinous crime because of the breach between the trust of the employee and employer. Please consult your attorney or call us for an appointment.

  • What happens if I am convicted of theft?

A theft conviction is considered a crime of moral turpitude and it can effect job possibilities upon conviction. If you have ever filled out an employment application you may have noticed a question as to whether you have been convicted of a felony or any crime of moral turpitude. An employer can screen applicants based upon the answer to this question. Thus, there is a far reaching effect of a theft conviction.

  • Can I avoid being convicted if I am guilty?

Good question. Each case is different and there is no way to give a definitive answer. However, let me put 17 years of experience to work for you.  We have had good success over the years of finding solutions to avoid convictions, or get cases dismissed.  Whether a shoplifting case or more complicated, we can help you achieve your goal of no conviction.

  • Who knows what my record is?

Criminal records are maintained by the Department of Public Safety, as well as the Federal Bureau of Investigations. Neither of these agencies records are open to the public. If you have been arrested and charged with a crime, the County or District clerk's office, or the Municipal Court where you were charged has a file concerning the incident. That record is open to the public. Anyone can ask to see that file and read the contents. Recently, new businesses like Publicdata.com have started to maintain private databases of Court records. Some employers use these businesses to investigate potential employees. You can have a record expunged under certain circumstances, please look at my section on expunctions for more information.

If you need more legal advice dealing with theft or any other topic, please contact us either by e-mail or telephone.

 


1717 W. 6th Street, Suite258 | Austin, TX 78703 | 512.441.9941| info@tomoleary.com

Site last updated: 04/14/2006

Tom O'Leary, Attorney at Law