Shoplifting, Larceny, Robbery, Theft Class A misdemeanor on your record without trial

[rza5000]

Hello. I was supposedly caught in a sting operation for bootlegging cable in Texas. Now I, along with other people were called into the office once we got back in from work and were told that we had to be let go because of this. No one ever heard from anyone about this but all of a sudden people are going to look for jobs now and are finding out that they have class A misdemeanors theft on their records. I have looked online and pulled up the code. (Texas Penal Code - Section 31.12. Theft Of Or Tampering With Multichannel Video Or Information Services). Now my question is that the first thing is that you hear is that this offense is a felony but then I see people are only getting this class A so why do the commericals about bootlegging say its a felony. Second question; how is it possible to throw a class A on someones record without them going to court and being proven guilty?

 

[jacksgal]

Did you sign anything? Was there an agreement reached? I agree seem sodd that a criminal record would appear without your going to court and I doubt its legal. Contact an Attorney to see what actions you can take to fix the situation or at least explain it

 

[rza5000]

Thanks for your response. We did have to sign a paper saying that we understood why we were being let go. But no where on that paper did it say we admitted to the offense. Im just floored. I wouldnt think this would be legal. One guy is telling me that a big company like Time Warner wouldnt do it if it couldnt be done because they wouldnt want to face a lawsuit so it must be legal. This is some of what the code says.

" An offense under this section is a Class C misdemeanor
unless it is shown on the trial of the offense that the actor:
(1) has been previously convicted one time of an
offense under this section, in which event the offense is a Class B
misdemeanor, or convicted two or more times of an offense under this
section, in which event the offense is a Class A misdemeanor; or
(2) committed the offense for remuneration, in which
event the offense is a Class A misdemeanor, unless it is also shown
on the trial of the offense that the actor has been previously
convicted two or more times of an offense under this section, in
which event the offense is a Class A misdemeanor with a minimum fine
of $2,000 and a minimum term of confinement of 180 days.
(e) For the purposes of this section, each connection,
attachment, modification, or act of tampering is a separate
offense."



Now I keep seeing the word trial in here and no one ever went to trial, no one was ever told that we had to go to trial. But all of a sudden people are finding this out. So to me it sounds like a trial should be involved so therefor just to throw something on someones record a few months after the incident seems strange. p.s. we were accused of doing it for remuneration which is why it was a automatic Class A

 

[jacksgal]

Like I said talk to an Attorney