State Jail Felony of Theft >=$2,500 < $30,000 – No Billed
A state jail felony in Texas can result in a prison sentence of 180 days to two years and a fine of up to $10,000
My client was accused of stealing a car worth between $2,500 < $30,000.
Our position was that my client thought that he was given the car because of the services he provided to the family, and this was a huge miscommunication.
The underlying facts of this case are:
- My client was asked by family to provide hospice care to a relative because he had prior experience in providing those services
- My client paid for funeral expenses, burial expenses, and other various financial burdens on the family
- My client thought that because of the services he provided, the car would be given to him in exchange
- After the passing of the family member, my client drove the car back to his home in Rhode Island
- While in Rhode Island, he was made aware of a warrant
- After the decedent passed away, the daughter of the decedent realized she had a claim to the car because the decedent did not have a Will in place
Further, theft crimes are considered a crime of moral turpitude. For the state to charge someone with theft, they must show the defendant acted with criminal intent, meaning that the defendant knew the property belonged to another person and the defendant knew they didn’t have permission to take the property, and that you actually possessed the property. Prosecutors commonly prove this by using store surveillance recordings, officer body camera recordings, or statements by defendants or accomplices.
A crime of moral turpitude can be described as a crime that involves dishonesty, fraud, deceit, misrepresentation, or deliberate violence. Even though violence was not alleged in this case, theft is still looked at in a bad light. Moral turpitude crimes have also been described as a crime done knowingly contrary to justice, honesty, principle, or good morals.
Unfortunately, theft cases, whether they are a misdemeanor or a felony, can follow good people around for the rest of their life because they are a crime of moral turpitude. Whether it’s a job application, an apartment application, a housing application, or even if a family issue arises and you find yourself in front of a family judge, theft cases can come up.
We decided to attack this case at the grand jury level. A Texas grand jury is a group of 12 citizens who review evidence in felony cases to determine if there is enough probable cause to indict a person. If the grand jury finds sufficient evidence, it returns a “true bill of indictment” to proceed with a trial; otherwise, it issues a “no bill”. The grand jury’s proceedings are secret and one-sided, with only the prosecutor, witnesses, and the grand jury present. Defense attorneys can present a grand jury packet to the prosecutor, which should be presented to the grand jury.
We were able to argue that this was a misunderstanding, and my client did not have the criminal intent to commit theft. He believed the car was given to him because of the services he provided to his family.
The grand jury returned a No Bill. This was a huge victory. My client was extremely appreciative, and I was extremely satisfied with the outcome.
