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Facing a theft charge in Texas is a grave matter.  A theft conviction can have a long-term negative impact on a person’s life. If you are charged with any theft offense, you should do your best to avoid a theft conviction. Theft is considered a “Crime Involving Moral Turpitude.” A crime involving moral turpitude is deemed to be a crime that reflects poorly on the person’s character for truthfulness or honesty. Restated, a person convicted of theft, a crime involving moral turpitude is often presumed to be dishonest or untrustworthy.

When Does the Issue of a Theft Conviction Come Up in Life

When people are often completing applications for jobs, admission to a school, or a loan or credit, they are asked if they have ever been convicted of a felony or a crime involving moral turpitude. Potential employers want to know if a potential employee is trustworthy. If a potential employee is convicted of a crime involving moral turpitude, like theft, the employer will often not hire the potential employee. Many people have been turned down for jobs because their record reflects a theft conviction. Even a misdemeanor theft conviction can have a long-term negative impact on a person’s life.

When applying for admission, the school will often ask applicants if they have ever been convicted of a felony or a crime involving moral turpitude. Like potential employers, schools want to know if a potential student is trustworthy. If a potential student is convicted of a crime involving moral turpitude, like theft, the school will often decline the student’s application for admission.  Many people have been turned down for school admission because their record reflects a theft conviction.

When applying for credit, a bank or lender will often ask credit or loan applicants if they have ever been convicted of a felony or a crime involving moral turpitude. Again, like potential employers, banks or other lenders want to know if a potential borrower is trustworthy.  They don’t want to loan money or extend credit to someone they cannot trust to repay the loan. If a credit or loan applicant is convicted of a moral turpitude crime, like theft, the bank or lender will often decline to approve a loan or extend credit. Many people have had loan or credit applications turned down because their record reflects a theft conviction.

How to Avoid a Theft Conviction

There are several ways to avoid a theft conviction. Having an experienced criminal defense lawyer may help you avoid a theft conviction. This blog discusses ways for your lawyer to help you avoid a theft conviction and all the collateral problems it may cause in your life.

Avoiding Being Charged

An experienced criminal defense lawyer should investigate every case that he or she works on. If the lawyer is hired before the accused has been charged, the lawyer may develop evidence demonstrating that the accused is not guilty. In the proper circumstances, if a lawyer has strong evidence that the accused is not guilty, he may be able to stop theft charges from being filed. This avoids all of the negative repercussions of a theft conviction.

Obtaining a Dismissal of a Theft Charge

An experienced criminal defense lawyer should investigate every case. The lawyer may develop evidence demonstrating that the accused is not guilty. In the proper circumstances, if a person has been charged with theft and their lawyer has strong evidence that the accused is not guilty, he may be able to persuade the prosecutor to dismiss the theft charges.  This avoids the negative repercussions of a theft conviction.

Obtaining a Pretrial Diversion on a Theft Case

A Defendant charged with theft may want their lawyer to look into a possible Pretrial Diversion or Pretrial Intervention.  Pretrial Diversion or a Pretrial Intervention is an agreement between the prosecution and the defense that may ultimately lead to the dismissal of the theft case. In the agreement, the Defendant agrees to complete certain conditions over a period of time. The period of time can vary, but it is often one year. Pursuant to the agreement, If the Defendant successfully completes all of the agreed-upon conditions at the conclusion of the pre-trial diversion or pretrial intervention, the prosecution dismisses the theft charges.

Obtaining a Deferred Adjudication on a Theft Case

A Defendant charged with theft may want their lawyer to look into a possible Deferred Adjudication Probation. Deferred Adjudication Probation is a form of probation that can end without a finding of guilt or a conviction. When a Defendant is placed on a Deferred Adjudication, the court will find sufficient evidence to find the Defendant guilty of the offense. However, the court will also state that the court is not going to find the Defendant guilty of the offense at this time. Instead, the court defers further proceedings and places the Defendant on a Deferred Adjudication Probation. If the Defendant successfully completes the Deferred Adjudication Probation, the Defendant is never found guilty or convicted of the theft offense.

Obtaining an Acquittal on a Theft Case

Trials are inherently uncertain, and the outcome is not guaranteed. However, if an accused is not guilty of a theft charge and cannot obtain a dismissal, then it is only natural that they consider pleading not guilty and going to trial.  An experienced criminal defense lawyer can try a theft charge, and if there is proper trial preparation, a Defendant may be acquitted and avoid a theft conviction. Of course, with a trial, the outcome is never guaranteed. However, fighting a false allegation of theft is sometimes the Defendant’s only option.

A thorough investigation and preparation are the key to any victory at trial.

Building a Strong Defense

Anyone accused aims to obtain the dismissal of a theft charge. An excellent, experienced lawyer knows that the Defendant would prefer the certainty of a dismissal over the uncertainty of trial. But no lawyer can guarantee an outcome. Consulting with an experienced and honest criminal defense lawyer is crucial in dealing with theft cases.

Legal Expertise

An experienced lawyer can assess the strength of the prosecution’s case, identify potential weaknesses, and strategize the best course of action. They may work toward a dismissal or build a robust defense for trial.

Investigation and Evidence

A skilled defense attorney will conduct a thorough investigation, gathering evidence that could be used to challenge the prosecution’s case. This may involve questioning the reliability of witness statements or examining the legality of evidence collection.

Legal Procedures and Rights

Understanding legal procedures and asserting one’s rights is crucial in criminal defense. A knowledgeable attorney can protect the defendant’s rights throughout the legal process.