Legal Question in Criminal Law in Texas

theft misdemeanor letter 2

So when you receive a letter from the company's attorney & you ignore the letter. Does that mean the felony charge is still active and doesn't fall to a misdemeanor charge?Is this just a civil suit?Is there still a criminal suit?


Asked on 6/10/09, 10:30 am

1 Answer from Attorneys
Robert Tuthill Law Office of Robert H. Tuthill

Re: theft misdemeanor letter 2

The company has nothing to do with whether the charge is a felony or a misdemeanor. The charge is determined on the amount of the theft. If the company filed criminal charges, you need to get yourself an attorney, either retained or appointed.

Companies normally send out letters requesting $200 or $300 dollars to anyone who shoplifts or steals from them. This is primarily a way to try and scare people into giving them some money. I consider it extortion.

The letter has nothing to do with a criminal charge. The company cannot drop criminal charges by sending you a letter. Criminal charges are up to the State of Texas. The prosecutor gets to decide what charges are brought and what charges are dismissed.

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Answered on 6/10/09, 10:28 pm


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