Q: No Prior Criminal record. What is the Prosecution's burden of Proof of allegedly "intentionally" or "knowingly"?
I maintain innocent for the allegedly charge of Theft of Services. I do not have any prior criminal history.
How does the Prosecution prove if I, "intentionally' or "knowingly" committed the allegedly charge of Theft of Services for a Consultation I did not feel I actually received?
Why would I put down my real Legal name, real address and real phone number on the patient information sheet? Wouldn't it be more logical for a **thief** to put fake name, fake address to qualify the definition of (1) the actor intentionally or knowingly secures performance of the service by deception, threat, or false token?
Sec. 31.04. THEFT OF SERVICE. (a) A person commits theft of service if, with intent to avoid payment for service that the actor knows is provided only for compensation:
(1) the actor intentionally or knowingly secures performance of the service by deception, threat, or false token;
A:
The applicable definitions for intentionally and knowingly are in chapter 6 of the penal code. See: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.6.htm#6.03
There are multiple ways to commit the offense of Theft of Service so the first thing you need to know is which manner and means you supposedly did the crime. For thing you need to see the official charging document. If the case is a felony the charging instrument is called the "indictment", if it is a class A or B misdemeanor it is probably changed with an "Information" but it could also be an indictment... if it is a class C misdemeanor it is probably a "citation" but it might be an information or an indictment. Whichever it is, you should be able to read it and compare it to the Theft of Service statute and determine if they are charging you under 31.04(a)(1)... (a)(2)... (a)(3)... or (a)(4). If that is not clear your attorney can complain to the court of lack of notice.
Also, if you keep reading the statute for Theft of Service, you will see there are some circumstances where intent to avoid payment is PRESUMED. If the prosecution can make a reasonable argument in favor of any one of those presumptions, your attorney will need to rebut the presumption to contest the culpable mental state.
If you do not feel that you actually received the service, you are basically arguing that this situation should be treated as a civil contract issue rather than as a criminal case. Were your expectations of the service reasonable? Did the service provider mislead you as to the nature of the service? Was it a bait-and-switch situation? Were you promised a consultation and instead given a sales pitch? Did you voice your displeasure at the time the services were rendered? For example, if you go to a restaurant and order chicken, but they serve you fish instead of chicken, you could probably refuse the fish and refuse to pay. However, if you remain silent and eat the fish anyway, it wouldn't be cool for you to refuse to pay because they got your order wrong. Thee are all things you might want to thing about. Also, don't post the answers to these questions here... discuss them in private with your attorney. Your personal attorney who knows the facts will be in position to give you actual legal advice relevant to your case. All we can offer you here is idle speculation.
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