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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
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Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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If I move out of the country before I am charged or shortly

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If I move out of the country before I am charged or shortly after being charged with theft of service will I be legally obligated to return to the state?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Marsha411JD replied 1 year ago.
Hello,

Thank you for the information and your question. I am not exactly sure what you mean by obligated, but I can tell you what can happen if you do leave the country. If you are not charged yet, and the State does decide to file criminal charges because they have enough evidence, they can issue a warrant for your arrest that will remain in effect indefinitely until you are arrested or turn yourself in. Although there are some criminal charges that result in extradition from a foreign country against the will of the accused, this is not one of those kinds of charges, so the State would just keep the warrant in effect. That would also stop the tolling of the statute of limitations as long as you were out of the State, not just the country. So, theoretically, 40 years from now if you went back to Texas, they could try you for the crime.

If you have already been charged and leave the country, then the only difference is that you will have an additional charge added for fleeing the jurisdiction, or a similar charge, in addition to any theft charge. However, if you are charged and already arraigned, meaning you have entered a plea, then the State could actually try you in absentia. That is unusual, but it can happen.

So, no one can make you come back unless they come and get you but if you do leave, there will be a warrant out for your arrest until you are arrested or turn yourself in.

Let me know if you need any clarification. I would be glad to assist you further if I can.

You can reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Please rate me based solely on my assistance to you in understanding the law, and not based on whether my answer is what you were hoping to hear. I, unfortunately, have no control over how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a negative rating for having been honest with you about the law. Please reply to me and let me know if you are having difficulty with the rating system or even seeing it. Thank you.

Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17184
Experience: Licensed attorney with 28 yrs. exp. in criminal law
Marsha411JD and other Criminal Law Specialists are ready to help you
Expert:  Marsha411JD replied 1 year ago.
I'm sorry to bother you but your question came back to me as if you had a follow up question. However, I do not see one. If you didn't ask a follow up, then just ignore this information request. If you did ask one, please send it again.

Thank you
Customer: replied 1 year ago.

I didn't see the option for a follow up question. I posted another question as a follow up.

Expert:  Marsha411JD replied 1 year ago.
Alright, well I guess I didn't see it. If you have a follow up, just hit the reply button just like you just did and ask it here.
Customer: replied 1 year ago.

Ok. If the services are under 500 dollars and I have no convicted crimes in my past. What type of charges can be brought up by the hotel?


 


Are they the type of charges would be filed quickly?

Expert:  Marsha411JD replied 1 year ago.
Hello again,

This would be a theft charge and because of the value you stated, it would be considered a Class B misdemeanor. Below I have set out the statute that states what the maximum punishment is for a Class B. It would be unusual to receive the maximum sentence and more like to be fined and put on probation.

Sec. 12.22. CLASS B MISDEMEANOR. An individual adjudged guilty of a Class B misdemeanor shall be punished by:

(1) a fine not to exceed $2,000;

(2) confinement in jail for a term not to exceed 180 days; or

(3) both such fine and confinement.

As for how quickly. I could be anywhere from a few days to a year. Normally though, the State will decide within a few weeks of receiving the police report.

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