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Theft by deception Questions

Theft by deception occurs when a person uses deception in order to gain something from another person. For example; if a person claims to offer a service in exchange for money, takes a person's money but never provides a service, the person has committed theft by deception. Below are just a few of the more commonly asked theft by deception questions that have been answered by Experts.

I am being accused of theft by deception f3 12 counts, m1 9 counts. All 21 cases were rolled it into 1 large criminal case. I am being charged with 18 3922a3 and 18 3927a. What should I do?

It appears the District attorney is trying to show your actions were intentional. The prosecutor will have to show that you committed theft by deception. Below are the definitions of both codes that you are being charged with. When trying to prove intent, the prosecutor will have to show evidence of theft by deception. This can be hard to prove simply by looking at what the person did and try to connect it to an intentional act. You may have a sound defense and you should have an attorney look at the evidence before you just give up. Take a look at the codes to determine if your situation is related to the offenses.

Under 18 3927a: "A person who obtains property upon agreement, or subject to a known legal obligation, to make specified payments or other disposition, whether from such property or its proceeds or from his own property to be reserved in equivalent amount, is guilty of theft if he intentionally deals with the property obtained as his own and fails to make the required payment or disposition. The foregoing applies notwithstanding that it may be impossible to identify particular property as belonging to the victim at the time of the failure of the actor to make the required payment or disposition."

Under 18 3922a3: "A person is guilty of theft if he intentionally obtains or withholds property of another by deception. A person deceives if he intentionally fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom he stands in a fiduciary or confidential relationship."

I signed and cashed a check but I didn't know the funds were not available. I paid the money back to the bank. Now the bank has charged me with theft by deception, what should I do?

If the bank brought charges against you after you repaid them, you may be able to file a case against the bank for malicious prosecution. In order to do this, you will have to show that the bank knew you repaid the money before they filed charges against you. By re-paying the money, you showed the bank that you were not trying to deceive and that you wanted to repair the mistake. You should let an attorney review your case and let the attorney decide how to continue.

My son was charged with theft and theft by deception. All of the items were returned and restitution was made. Can these charges be dropped?

The prosecutor will be the one who decides if the charges will be dropped. While returning the items and paying restitution shows that your son wanted to do the right thing, it doesn't erase the fact that a crime was committed. Usually, when a person pays restitution before a court hearing, the punishment may be lessened but there is no way of knowing if the charges will be dropped. This is determined by the circumstances of each case and the prosecutor's tolerance to the crime.

In Pennsylvania, what are the statute of limitations on theft by deception and once a civil suit has been filed, can a person go back and file criminal charges at a later date?

Pennsylvania law provides that the statute of limitations for theft by deception is 5 years. Criminal charges can be brought against a person during this time even when there is a civil suit in place. Criminal and civil charges are two separate areas of law.

Is it theft by deception when another driver claims more damage is done to their vehicle when taken for an estimate, when the police report clearly states "caused no damage?

This wouldn't be considered theft by deception until the person tries to take money from you. At this point, the person is just claiming there was damage done. Generally, the person who is claiming the damage would take you to court for damages. If this happens, the police officer who handled the report would testify that there was no damage at the time of the report. If the person who claims the damage lies, he/she could be found guilty of perjury and would end up losing the case. You would then be able to file charges against the person for perjury. However, due to the high volume of serious cases, a DA's office probably wouldn't pursue such a frivolous case.

Being the victim of theft by deception can be an emotional and expensive experience. If you find yourself in a situation such as this, you should ask an expert to assist you on what to do. An Expert can offer solutions to your individual situation.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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Tina
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Recent Theft by Deception Questions

  • I took a truck to a mechanic in Oct. 2013. He said I needed

    I took a truck to a mechanic in Oct. 2013. He said I needed a motor rebuild. I paid him. He tore motor apart. Then he said the transmission needed rebuilding. I paid him. Now he still has motor tore apart and transmission laid on ground(it is rebuilt)
    and now wants $600 more to finish it and said it will take approx 3 more months to finish. To date I have paid him over $4000. He refuses to give me the reciepts and kicked me off his property last time I was there. I want to know if their are criminal charges
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  • can i have my 21 year old son arrested for thief by deception

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    Do you practice law in Georgia?
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