Theft by Check Texas Theft By Check Defense Attorneys The criminal defense team at Evans & Peek, LLP are dedicated to representing clients who have been accused of theft by check. Our criminal defense team includes two former prosecutors with extensive experience in prosecuting and now defending theft by check charges. Our attorneys have the experience, expertise, resources and know how to handle all phases of your case. Theft by Check: Nuts & Bolts Theft by check is one of the most commonly filed criminal offenses. These cases are very unique and often times very difficult to prove. As a result, the district and county attorneys offices have task forces dedicated just for the purpose of prosecuting theft by check crimes. And for those who's check bounced simply because of careless management of your checking account, you should know that you can be arrested and charged criminally for theft by check. Theft by check is considered what is known as a "crime of moral turpitude" and a conviction for theft by check will place on your permanent record a conviction for theft. A conviction for theft or any crime of moral turpitude can significantly impact your personal life, such as obtaining or maintaining a job or applying for any kind of professional license or certificate. As a result, these charges, even if they only involve minor amounts, should be taken very seriously and you need to obtain reprsentation that knows the ins and outs of how these cases work. Our defense team includes 2 former prosecutors who do know the ins and outs of prosecuting check cases. Our attorneys have handled hundreds of theft by check cases and have never lost a theft by check jury trial. Theft by Check:Penalties The penalties can be serious. Pursuant to the 31.04 Texas Penal Code, the offenses and punishment for theft by check ranges as follows: Class C Misdemeanor : If the value of the check is less than $20 and is punishable by a fine not to exceed $500; Class B Misdemeanor : If the value of the check is $20 or more, but less than $500 and is punishable by a fine not to exceed $2,000 or 6 months in the county jail or both; Class A Misdemeanor : IF the value of the check is $500 or more, but less than $,1500 and is punishable by a fine not to exceed $4,000 or 1 year in the county jail or both; Any check over $1,500 is considered a felony. How The Process Works Generally speaking, retailers and merchants who were victims of a theft by check forward the bounced checks to the district attorneys office who sends a letter to the address on the check threatening to file a criminal case if the check is not promptly paid. If the person who wrote the check does not receive notice that it bounced or forgets to pay, typically a criminal case is filed. Whether the check is paid before or after a criminal case is filed, both the district attorney's office and the merchant will charge you a penalty for bouncing the check. Many Innocent People Charges with Theft By Check Many innocent people end up with permanent criminal records as a result of theft by check cases. The law on theft by check cases can be confusing. Our attorneys have handled hundreds of theft by check cases. Even If You Didn't Write the Check . In order to successfully prosecute this type of case to conviction, the prosecutor is required to prove it was in fact you that wrote the check OR in some way exercised control over the the check being written or presented. For example, if someone wrote checks on your account with your permission, you may be held accountable for that bounced check. On the other hand, if your check book was stolen and one or more stolen checks bounced, you have a defense and the attorneys at Evans & Peek are prepared to help you get that case dismissed and expunged from your record. Contact Us Today for A Free Consultation The criminal defense team at Evans & Peek, LLP are dedicated to representing clients who have been accused of theft by check. Our criminal defense team includes two former prosecutors with extensive experience in prosecuting and now defending theft by check charges. Our attorneys have the experience, expertise, resources and know how to handle all phases of your case. With free initial consultations, you have nothing to lose. Contact us today.