Unfortunately, you’ve had a run-in with the law and have found yourself charged with larceny. Is there anything that can be done to get the prosecutor to drop the charge against you?
Here is an overview of Texas larceny laws, reasons why the charges may get dropped, and how hiring the right attorney can give you the greatest chance of being able to move on with your life without a criminal record holding you back.
Texas Larceny Laws
Larceny (also called theft) occurs when there is an unauthorized taking of property from another with the intent to permanently deprive that person of the property. This includes property that is already known to be stolen by someone else. In Texas, if a person fails to perform some act that proves that an item being given or sold has not been stolen, this is also considered larceny.
Texas larceny laws offer varying degrees of theft, from “Class C” misdemeanor (a value stolen of $50 or less) all the way up to first-degree felony (a value stolen of $200,000 or more). Penalties may range from a $500 fine to 5-99 years in prison and/or a fine of $10,000.
Reasons for Dropping a Larceny Charge
The following are reasons a Texas larceny charge against a defendant may be dropped:
- Granting a Victim’s Request: While a victim does not have the legal authority to drop charges (since a prosecutor, not the victim, is the person who files the charges), a victim can express a desire to drop charges. This may influence the prosecutor’s decision to proceed with the case or not.
- Lack of Evidence: If there simply is not enough evidence to convince a prosecutor that a case is worth pursuing, a case may be dropped before it reaches trial.
- Inadmissible Evidence: The judge may simply find the prosecutor’s evidence inadmissible and cannot be used in court. This may result in dropped charges.
- Evidence Is Lost: If the prosecutor loses some important evidence, such as a witness deciding not to come forth, a case could be dropped.
- New Evidence Arises: If evidence arises which hurts the prosecution or helps the defense, the prosecutor may decide to drop the case.
- Insufficient Resources: There are times when a prosecutor may have to prioritize their caseloads. If another more serious case arises (such as sexual assault or murder) which demands more of the prosecutor’s time and resources, the prosecutor may need to drop criminal charges against a first-time larceny offender who has an otherwise clean record.
With the right defense lawyer on your side, you’ll have the greatest chance of getting your larceny charge dropped. This is because experience matters when it comes to interpreting Texas larceny laws and knowing the right approach for getting charges dropped on your specific case.
Contact Texas defense attorney Eric Harron today for a consultation!