Dallas, TX asked in Criminal Law for Texas

Q: I recieved a ticket with a date to appear in. Court for theft .can Ihave it thrown out on technicality before court day

The original ticket was written for theft under $100 the actual ticket reads,theft under $1.

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2 Lawyer Answers
Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: What you describe will not cause dismissal of the charges. Theft under $100 is how the statute is listed. See Texas Penal Code Section 31

Kiele Linroth Pace agrees with this answer

Kiele Linroth Pace
Kiele Linroth Pace
Answered
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: I agree with Grant St. Julian and would add that, even if they dismissed the case, they could re-file with the correct amount at any time within the two-year statute of limitations.

It would be wise to retain a local attorney to help attempt to get the case dismissed or deferred because, if you end up with a conviction for Theft, it will make the rest of your life more difficult. The attorney's fee will be worth it in the long run, even if it is higher than the fine.

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