Texas Identity Theft Questions & Answers

Q: if im charged with a felony fraud less then 5, does it get dismissed if the one who filed the charge is dead?

1 Answer | Asked in Criminal Law, Federal Crimes and Identity Theft for Texas on
Answered on Mar 24, 2019
Kiele Linroth Pace's answer
Any crime could prosecuted with a dead alleged victim; not just crimes like murder and manslaughter.

The case will continue unless the prosecutor decides to seek a dismissal. That said, it is certainly possible that the prosecutor's interest in the case may decline with the death of the alleged victim or a key witness. Talk to your criminal defense attorney about this issue.

Q: My mother is a check fraud victim, what next?

1 Answer | Asked in Consumer Law, Criminal Law, Identity Theft and White Collar Crime for Texas on
Answered on Aug 21, 2018
Paul Looney's answer
Go to the bank and complete a fraud affidavit. The bank should begin refunding stolen funds. Change your credit cards, bank cards, etc. The bank can handle that off the top. Consequences? There should be none after it is established the bank recognizes the fraud. Hope this has been helpful, and good luck.

Q: what is the punishment for credit card theft in Texas?

1 Answer | Asked in Criminal Law and Identity Theft for Texas on
Answered on May 17, 2018
Grant St Julian III's answer
Theft offenses are listed under Section 31.03 of the Texas Penal Code; Credit Card Abuse is under Section 32.31. The punishment range for a particular offense depends on the facts alleged. Have an attorney review the charging instrument filed in the case.

Q: A friend of mine took a fair amount of money from my debit card without my permission. What do i do against her?

1 Answer | Asked in Identity Theft for Texas on
Answered on Feb 17, 2018
Matthew Valley's answer
Assuming this is relatively recent and not past the statute of limitations:

If she used your debit card without your authorization you can file a police report and hope the county decides to file a criminal case against her. You also have the option of pursuing a judgment in small claims court for the amounts stolen and borrowed. You could do both.

Q: My credit card company is refusing to work with me when someone with my same name opened a credit card account that's

1 Answer | Asked in Identity Theft for Texas on
Answered on Aug 31, 2017
David Humphreys' answer
Go to HWH-law.com and click on the tab identity theft. You can see how to write the needed letter and what you need to say. The good news is that many times a well written letter makes the problem end. If not, you have rights and you will want to contact a lawyer that handles FCRA and ID Theft cases. Good luck!

Q: Is it possible to receive probation on a 2nd degree felony if it's your first offence ?

1 Answer | Asked in Criminal Law and Identity Theft for Texas on
Answered on Jan 25, 2017
Kiele Linroth Pace's answer
Yes, it is possible. It is even POSSIBLE to get probation for MURDER although obviously that is not the likely result. If convicted of a 2nd degree felony, the punishment range is 2 to 20 years in the state penitentiary and a fine up to $10,000. A felony prison sentence can be probated for up to 10 years.

Asking about probation assumes that the government has enough admissible evidence to convict you of the crime. Maybe they do. Maybe they don't. But wouldn't it be better to NOT...

Q: My brother was incarcerated and his wife sold their house and had her ex-husband Forge his name what can he do about it

1 Answer | Asked in Identity Theft, Real Estate Law and Criminal Law for Texas on
Answered on Jan 21, 2017
Kiele Linroth Pace's answer
Forgery of a Deed or Mortgage is a State Jail Felony that should be reported to law enforcement.

Second, see a family law attorney about a divorce and the proper division of the marital assets.

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