Shoplifting, Larceny, Robbery, Theft I need to know

[Flicka17]

Jurisdiction

Texas

Arrested and Charged with felony theft but I was never once in possession of nor did I know it was stolen property

 

[army judge]

Arrested and Charged with felony theft but I was never once in possession of nor did I know it was stolen property

Sorry, mate, they gotcha there, too.

The duty is incumbent upon us all to determine the legitimacy of a thing before buying, using, touching, caressing, fondling, or simply holding said thing.

Possession could be considered as having the thing sitting on your front porch, and not contacting the authorities to remove it, knowing it is not YOUR thing.

Mama always said, if you didn't put it there, don't pick it up.

Maybe this will help.

Theft is a broad criminal charge in Texas that includes a range of offenses from shoplifting and larceny to bouncing checks to buying stolen property. The punishments generally depend on the value of the stolen item, and can be as little as a fine or as serious as prison time in extreme cases.

Texas' Penal Code defines theft as taking someone else's property without consent, either by deception or by physically stealing it. You don't have to keep the property for it to be considered theft, but only long enough to deprive the owner of its value. If you take something, then return it for a reward, that is also theft under Texas law.

The four most common ways to commit misdemeanor theft or felony theft in Texas are these:

1. Shoplifting – Taking items out of a store with the deliberate intention of not paying the store for the full value of the item. This includes taking, say, a shirt and leaving with it, or switching the tag on an expensive shirt with the tag on a less expensive one and paying the lower price at checkout.

2. Bad Checks – Paying for an item on a closed account or an account that does not enough money to cover the amount of the check. If the check is written on a closed account, that alone is evidence of theft under Texas criminal law. If the check bounces, and you do not reimburse the merchant within 10 days of notification, then that is evidence of theft under the law.

3. General Theft – Taking an item that belongs to someone else by any means when you do not have permission. Examples of this include taking a woman's purse from her shopping cart when her back is turned, stealing copper from a construction site, or stealing $20 from the cash register at work.

4. Buying/Accepting Stolen Property – Taking possession of an item when you know the person selling or giving it to you is not the rightful owner. If you know a friend shoplifted an item from a store, then passed the item on to you, you have committed theft known as receiving stolen property by taking it, whether you paid for it or it was a gift.

Other common theft charges include embezzlement, and theft of services, which is the stealing of something that isn't a physical item. This charge also may be related to fraud or bad checks.

$1,500 or more but less than $20,000
State jail felony
180 days to 2 years in a state jail and/or a fine of not more than $10,000

$20,000 or more but less than $100,000
Third-degree felony
2 to 10 years in a state prison and/or a fine of not more than $10,000

$100,000 or more but less than $200,000
Second-degree felony
2 to 20 years in a state prison and/or a fine of not more than $10,000

$200,000 or more
First-degree felony
5 to 99 years in a state prison and/or a fine of not more than $10,000

I suggest you plead NOT guilty and ask the court if you qualify for a public defender.
If you can afford a lawyer, hire one.
Whatever you do, stop yapping about this, except when you meet with YOUR lawyer.

 

[adjusterjack]

Arrested and Charged with felony theft but I was never once in possession of nor did I know it was stolen property

I don't think you can have that both ways.

Not knowing something was stolen kind of implies that you had it at some point.

That being said, I agree with Army Judge that you should talk only to your attorney and nobody else.

 

[Betty3]

You need to obtain a lawyer & talk only to the lawyer. If you cannot afford one, go to court on the scheduled date, plead not guilty & ask if a public defender can be appointed for you. The lawyer/PD (who is a lawyer) will go over your options etc. with you.