Legal Question in Criminal Law in Texas

Theft by check - Class B or C? - expungement

This week I discovered that I had an outstanding warrant for ''Theft by Check'' $50 $500. It is listed as a Class B misdemeanor. I was not aware of it until I discovered it on the county website and I immediately went and posted a cash bond for $350 (voluntarily surrendered).

According to the DA's office, the hot check was for $42 and total restitution would be $87. A court date will be assigned next week.

Questions:

1) Should I go ahead and pay the restitution immediately?

2) Shouldn't this be a Class C misdemeanor since the original check amount is $50?

3) Can this be expunged? if so, how?

Thank you for the assistance.


Asked on 10/21/05, 2:49 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Theft by check - Class B or C? - expungement

Normally the first appearance date is not dispositive. You should appear, and see what the ADA is willing to offer to you to negotiate it. Possibly they are willing to reduce it to a Class C. If you cannot achieve a favorable resolution, then you should retain an attorney to resolve it for you. The second appearance date is normally 30 days later. If you enter a plea, even for deferred, it may not be possible to expunge the arrest later. TCL

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Answered on 10/21/05, 3:09 pm


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