Legal Question in Criminal Law in Texas

Re: Felony Theft

More than likely, the State will seek to revoke his probation based on the new charge of theft. So your brother is facing the original punishmnet for the felony state jail theft. As a result, your brother is facing from 180 days to 2 years in state jail (time served day for day) and up to a $10,000 fine. I would recommend that your brother get a lawyer who has experience with probation revocation hearings. I hope that I answered your question.

Re: Felony Theft

The severity of the current charge depends on the amount of the alleged theft. For theft by check, degree of crime generally (subject to other qualifications) is:

Under $20 is a Class C misdemeanor;

$20 to $499.99-Class B misdemeanor;

$500 to $1,499.99-Class A misdemeanor;

$1,500 to $19,999.99-State Jail Felony;

$20,000 to $99,999.99-3rd Degree Felony;

$100,000 to $199,999.99-2nd Degree Felony; and

$200,000 and over-1st Degree Felony.

Additionally, your brother may face conviction for the prior felony for which he had received a deferred adjudication.

Bottom line: Your brother MUST consult with an attorney as soon as possible, and MUST NOT make ANY statements to police or anyone else without having his attorney present. Good luck!

Marc Pederson