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Theft by Deception Questions

What is Theft by Deception?

Theft by deception is a type of fraudulent activity; someone uses deception to gain access to the services or property of others. One example would be writing a check on a bank account which is no longer open and uses that check to buy some shoes, that person is committing theft by deception. Judges look at these cases differently, depending on how much damage has been done to the victims. There are many ways theft by deception can be committed. One may create false information or may simply fail to correct false information, such as pretending to have professional certificates or allowing someone to think that such certificates are held. Failing to disclose information that is relevant or preventing access to the information are also forms of deception.

Is misdemeanor theft by deception (bad check), the same as petty theft; and can it be sealed or expunged?

The crime Misdemeanor Theft by Deception is different and more serious than the crime Petty Theft. The state of Nebraska does not allow for any criminal conviction to be sealed or expunged and the only remaining option would be to petition the Governor for a full pardon, the process does take some time and is rarely granted.

If a person is charge in the state of KY with theft by deception under $500 back in April of two thousand and ten which would be a felony, but did not get arrested till June of two thousand and eleven, and the law was change in June two thousand and ten which would make it a misdemeanor. Which would apply misdemeanor or felony?

An individual has to be charge and if they were found guilty, then sentenced in the law as it was at the time of the offense. Therefore, in this circumstance it will be considered a felony.

Charges are theft by deception & 16 counts of unsworn falsification by housing auth for not reporting child support that was not always paid cleared arrears twice, also worked with agency called support kids that took a percentage when payment was received what are someone’s options for court?

As soon as the PD is appointed to the individual’ case they are going to make a demand for discovery so they can review all the facts about the case. At that point, they would be better able to make a judgment on whether to take a plea or if fighting in court is best for the individual. Taking a plea would likely require restitution to be paid and possible probation. Fighting it, the state would have to prove the charge beyond a reasonable doubt.

What is statute of limitation for theft by deception for borrowed a car and never return it fifteen years ago no criminal record this is for Wichita KS.

The Wichita KS statute of limitations for theft by deception in this case would be ten years.

If someone was charged with theft by deception what right does this individual have in order to speed up the process in getting this resolved if the prosecutor is not returning any phone calls to the lawyer about this matter?

The individual does not have to speed this up. The individual’s legal representative has to file a motion to release this charge based on "lack of a speedy trial". Twelve months after the case ought to be resolved. If the case is not then it should be dismissed as soon as possible.

How can someone get a Felony theft by deception charge in the state of Illinois expunged or sealed?  

Expungement is an option if the individual has never had any convictions (misdemeanor or felony) on their record. There can be no conviction in any other state either. Normally when it comes to expungement no violent misdemeanor crime conviction is sealable and no felony conviction is sealable with the exception of some class 4 felony first time offenders. Should this offense fall into the last group it would be able to be expunged. Otherwise the only option would be to petition the Governor for a pardon.

Theft by deception is a very complex topic; it can have many legal issues. People often times turn towards the Experts for insights or solutions. Such as: theft by deception definition, theft by deception punishment, and define theft by deception. Experts can help individuals get for and reliable answers.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2429
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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Fran L.
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Over 10 years of criminal defense practice.

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