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Theft from Employer in Texas, First Time Offense

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  • 12-06-2011, 11:37 AM
    RaisingArizona
    Theft from Employer in Texas, First Time Offense
    My question involves criminal law for the state of: Texas

    First I want to thank everyone that takes the time to read this and chooses to respond. I understand that no one here is my attorney and may not have concrete answers for me, but any advice at all would be greatly appreciated.

    I recently stole $300 from the retail store I worked at. I took the money on two separate days that I was working. This is my first time ever committing a crime and I have never been in trouble with the law before this, aside from a few speeding tickets over the years. About a month after the first incident they terminated me for the theft of $200 from my cash register. They had me on camera taking the money and I signed a statement for them. They made no mention of the other $100 and I didn't mention it either. The police were called to the store and upon their arrival they took down my information and confirmed that the store was going to press charges. They also informed me that a detective would investigate the case and would then be in touch with me and that I would have to arrange a time to turn myself in. I overheard one of the police officers talking to the loss prevention manager and he mentioned that they would issue a warrant. After this I was allowed to leave and go home.

    It has been 5 days since my termination and I have not yet heard from the police or a detective. I have tried contacting a public defender and found out that there is not a local office where I live. I then contacted the court house and was told that I would not be able to speak to a court appointed lawyer until requesting one in court.

    I have several questions and I am hoping that someone will be able to post some advice.

    1. I have been waiting around and wondering what happens next. What happens when the detective contacts me? Is it possible they will just show up and arrest me? Will I receive a phone call or a notice in the mail telling me when and where I need to appear in court?

    2. If I am informed of having to appear in court, is this what the officer was referring to when he said I would need to turn myself in? Will I be in front of a judge at this time? Will they hold me and set a bail or is it possible that they may release me so long as I will appear in court as needed in the future?

    3. If I am unable to speak to a court appointed lawyer until after appearing in court, how do I request this of the judge and when should I do it? I want to avoid saying anything that will only serve to harm my case.

    4. Regarding the other $100 I stole, they made no mention of it during my termination but I fear that they will indeed eventually catch it, if they have not already. If they already know about it will it be "tacked" on to what they already are charging me for? If they fail to notice it for the time being and they do at a later date, either during my court appearances or after, what could possibly happen?

    Again, thanks to all for reading this and to those who may be able to help.
  • 12-06-2011, 01:33 PM
    flyingron
    Re: Theft from Employer in Texas, First Time Offense
    Quote:

    Quoting RaisingArizona
    View Post
    1. I have been waiting around and wondering what happens next. What happens when the detective contacts me? Is it possible they will just show up and arrest me? Will I receive a phone call or a notice in the mail telling me when and where I need to appear in court?

    You may just get the charges in the mail or personally delivered by an officer. They may invite you in to talk. I would strongly suggest that you decline to talk to them about anything without a lawyer present. They'll be all friendly with you and say that they are not placing you under arrest (this gets them around the Miranda warnings) and yada yada, but it's all an attempt to elicit further incriminating evidence from you.

    Quote:

    2. If I am informed of having to appear in court, is this what the officer was referring to when he said I would need to turn myself in? Will I be in front of a judge at this time? Will they hold me and set a bail or is it possible that they may release me so long as I will appear in court as needed in the future?
    It's all a matter of how they want to handle it. It's quite possible that you'll just show up for the arraignment on your own and if you don't then they'll come after you.
    Quote:

    3. If I am unable to speak to a court appointed lawyer until after appearing in court, how do I request this of the judge and when should I do it? I want to avoid saying anything that will only serve to harm my case.
    Say "I would like an attorney and I do not have the money to pay for one."
    That should be plenty. You might have to say "Not Guilty" but in most cases when you ask for a lawyer the judge will just enter a not guilty plea for you and go on./
    Quote:

    4. Regarding the other $100 I stole, they made no mention of it during my termination but I fear that they will indeed eventually catch it, if they have not already. If they already know about it will it be "tacked" on to what they already are charging me for? If they fail to notice it for the time being and they do at a later date, either during my court appearances or after, what could possibly happen?
    They can amend the charges at any time until the trial actually begins. They can also charge you separately for separate acts of theft.
  • 12-06-2011, 02:27 PM
    RaisingArizona
    Re: Theft from Employer in Texas, First Time Offense
    Thank you for taking the time to respond. I will wait it out until hearing from them and will decline answering any questions about the case. Right now its hard just waiting and not knowing what to expect. Once I know what will happen and what I need to do to move past this low point of my life I can start building myself back up again.
  • 12-06-2011, 02:45 PM
    Security Consultant
    Re: Theft from Employer in Texas, First Time Offense
    Generally, in Texas the court decides whether or not you are indigent and the court then appoints a court ordered attorney or a public defender. They just do not take your word for it. I say generally as it can depend on what county this took place in.
  • 12-06-2011, 03:01 PM
    flyingron
    Re: Theft from Employer in Texas, First Time Offense
    That's the case just about anywhere. Usually, after you say I can't afford an attorney they had you some forms to fill out to prove it.
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