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Theft Laws

What is theft?

Theft is defined as the taking of another person’s property without the person’s consent or permission with the intention of depriving the rightful owner of his/her property. Theft is a term that is short for several other charges such as burglary, larceny, embezzlement, robbery, shoplifting, looting, or fraud. In a lot of the jurisdictions, theft is considered the same as larceny, and in others the term theft has replaced the term larceny. If a person is considered to be the type of person to keep committing theft, then they are called a thief. This act is also referred to as stealing, thieving, and filching. Theft can lead many individuals paying fines, and even jail time, when you or someone you know has committed theft and need answers contact the Experts.

In the state of Texas, if a person is suspended from his/her job for theft but was never arrested, how long is the statute of limitations for the cops to arrest the person and can they still be arrested if they are working with the company and the company doesn’t want to file charges?

In the state of Texas, for a felony theft charge, the District Attorney has 5 years to file and for a misdemeanor theft charge, they have 2 years to file. If the person is working with the company, then this is a confession of guilt and makes it hard for a defense lawyer to defend.

If a person is arrested for theft but was not read their Miranda rights, what effect can this have on their case and if a person can’t afford a lawyer, how would they be represented?

There would be no effect on the arrest itself, but if a confession or any incriminating statement was made, then the cops and District Attorney wouldn’t be able to use them. A person has to have his/her Miranda rights read to them before they are questioned. If the person does not have the money to pay an attorney, then when he/she goes to their arraignment, they should ask for a Public Defender to be appointed to them.

In the state of Louisiana, can a person go back to obtain a plea agreement on a theft charge that is already served, or can they get their record expunged?

There may be a possibility of accomplishing this, but it will take a lot of work on the attorney’s behalf. The attorney will go into court to initiate the contact with the prosecutor and see if he/she would be willing to agree to have the original plea or charge set aside and a new plea agreement entered. This type of thing does not happen every day in the state of Louisiana, therefore it may take a while to get the prosecutor to agree to such terms. If the prosecutor does not agree to this, then the judge can’t do anything. If the attorney can get the prosecutor to agree to it then the attorney would need to file a stipulated motion to set aside the original plea, have the new agreed upon plea entered, and have the effective date be the date of the original plea bargain. Once this is done then alls that would be left is for the judge to agree and if he/she doesn’t, then the plea can be stopped.

In the state of Texas, if a person has a felony theft conviction on his/her record, can they still vote?

In the state of Texas, if the person has the felony on his/her record and it has not been pardoned or expunged or their rights restored, then he/she cannot vote or register to vote. The person would need to petition the court that they were convicted in to restore his/her rights which would include voting rights and gun rights.

When a person steals an item or item that does not belong to them, this is considered theft. Whether or not the person did this or didn’t, or when they will or won’t be charged, there are several questions and concerns that the person may face when dealing with this type of situation. Seeking the advice of an Expert is a quick and easy way to gain some insight to any questions the person may have.
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