The Medlin Law Firm - Gary Medlin

Understanding Theft Charge Classifications In Texas Theft charges are classified based on the value of the property. If the theft is under $100 in value, then it’s a Class C misdemeanor, which is the same level as a traffic ticket. If the value is from $100 to $750, then it’s a Class B misdemeanor, and that actually carries a punishment of up to a $2,000 fine and up to 180 days in jail. If the value is from $750 to $2,500, then it’s a Class A misdemeanor, and the punishment is from up to a year in jail and up [...]

Common Theft Cases Managed By The Medlin Law Firm We have a large number of theft cases involving shoplifting. This includes intentional theft, such as someone passing the checkout location at a store without paying for a product. There are also other thefts, such as those involving theft of stolen property, for example, someone stealing or appropriating property or using property, knowing that it is stolen. There is also theft by check. If a person writes a check, it bounces and they don’t make good on it, then the law presumes that they intended to steal or they intended to [...]

Initial Booking Procedures For Theft Accusations In Texas Usually, the people accused of theft will always be arrested, either if they are caught soon after the theft or are arrested on a warrant for something that happened previously. Of course, any time there is an arrest, you are taken to jail and will remain there until you make bond, which you are certainly entitled to in any theft case.

If the value of the item stolen is over $2,500, then it’s a felony.

The prosecution has to prove that the person appropriated the property without the consent of the owner with the intention to deprive the owner of his property by appropriating it. So appropriation is unlawful if it is without the consent of the owner, or if the property is stolen and the person knows it is stolen by another person. Basically, the state has to prove that the person appropriated property with the intent to deprive the owner of the property, and it is unlawful because it was without the owner’s consent. Key Elements To Prove Theft Charges There is also [...]

Prevalence Of Trials In Criminal Proceedings In our practice, we find that half our cases are set for trial, but out of those, only about one fifth goes through a trial. We frequently show prosecutors we are willing to fight the case, and that we are not there to strike a deal, plea bargain, or plead guilty to some charge. On the day of trial, when the prosecutor has to bring in witnesses to prove their case beyond a reasonable doubt to a unanimous jury, at that point, we usually get a dismissal of the charge, or the charge is [...]

Reasons Some Attorneys Avoid Criminal Trials Yes, most attorneys avoid going to trial. The majority of attorneys feel like they do not want to go to trial, because many of them feel like they do not have the experience, or talent to have a chance at winning. Secondly, many of the attorneys feel like they do not make money if they go to trial that it is taking too much time away from their office. They think they can make more money in the office. Thirdly, many of the attorneys feel like it is only going to turn out worse [...]

Assessing The Strength Of The Prosecution's Case Unless the prosecution is willing to dismiss or give us a sweet deal that can be expunged, then we are going to get better results usually by taking the case to trial. Frequently, when the date of trial is near, and the prospective jurors are in the hall, and the judge asks the prosecution to bring their witnesses in, and prove their case, the prosecution then realizes they need to dismiss the case, or reduce it to a minor offense, because they did not have enough evidence. Normally, we find that a case [...]

Ignition Interlock Device Requirements For Drug-Related DWI Offenses This is somewhat insane, but yes, you must have the interlock system in your car. An interlock device can detect alcohol on someone’s breath. It does not do anything to detect anything else such as drugs. Nevertheless, if a person has a second time DWI, even though it is an allegation of DWI by drugs, they will be required to have an interlock device installed. Tell me what good that does, I do not know, but judges are not going to let someone who has a second time DWI on bond without [...]

Circumstances That Elevate DWI Charges In Texas In situations where someone has been injured or taken to the hospital, that person can be charged with a felony offense of intoxication assault. If they are guilty of driving while intoxicated or accused of this crime, and there was child under fifteen years of age in the car, then they may be charged with driving while intoxicated with the child. That is a felony offense even though it is a first-time offense. Of course, if they are involved in an alleged driving while intoxicated accident that causes the death of someone, then [...]