TX Small Claims I am thinking about canceling my case for…

Hi, my name is ***** ***** welcome to Just Answer.

1. The penalties for theft in Texas for property valued at more than $1,500 but less than $20,000: "State Jail Felony." Punishable by 180 days to 2 years in prison and/or a fine of up to $10,000.

2. When a person is convicted of theft the court orders restitution. They are required to make payments depending on what their sentence was. If they were sentenced to prison, a portion of their earnings would be designated as restitution. If they were placed on probation, or else sent to prison and then released on community supervision, they would have to make payments according to what the probation officer felt they could afford to pay. If they failed to make payments, and the court was to find that their failure to pay was "willful," i.e., they had the money and just didn't pay, then their probation could be violated and they could be returned to prison. Once a person has completed probation, any outstanding restitution orders convert to a civil judgment, just as if you had filed a civil lawsuit. Civil judgments are usually good for ten years, and renewable for 10 year periods after that.

3. Whether a defendant serves jail time for a theft depends on the circumstances of the offense and the defendant's background and criminal history, if any. It isn't automatic.

4. The statute of limitations for this offense is five years from the date of the commission of the offense. (TX Code of Criminal Procedure 12.01(4).)

You haven't provided any information regarding the circumstances of these takings. If you were roommates and your roommate believe you owed money for something and took your property under a belief of a claim of right, it might negate the intent element of theft. Getting the police to actually even take a theft report of theft by a roommate can be difficult. So you should stick with your small claims action as sort of a "test" to see what the defenses might be. If you win the small claims case the police might be more likely to pursue a criminal case.

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