Theft by check is investigated and prosecuted by the District Attorneys Office . Under Texas law, a person commits a theft of property or services if that person unlawfully appropriates property or secures performance of a service from the owner by deception. Inducing an owner to give up property by giving the owner a check which the issuer knows will be dishonored by the bank qualifies as deception if the owner provided the goods in good faith reliance that the check would be honored by the bank on which it was drawn. The key under the law is that the owner must give the merchandise at the time the check writer renders the check.
Furthermore, inducing a provider of services to provide services by giving the provider a check which the issuer knows will be dishonored by the bank qualifies as deception if the service provider provided those services in good faith reliance that the check would be honored by the bank on which it was drawn. The key under the law is that the owner must provide the service at the time the check writer renders the check.
In the case of hold checks, postdated checks and drafts, however, if the check writer knew at the time the check writer issued the check that the account on which the check was drawn held insufficient funds to cover this check as well as all other outstanding checks, the check writer may have committed the crime of issuance of a bad check. Complaints involving the crime of issuance of a bad check are investigated by the Hot Check Division of the District Attorney’s Office.
Theft by Check Attorney Andy Nolen has over 22 years experience representing persons accused of committing criminal violations of State and Federal law.
Hot Check Attorney Andy Nolen treats every person they represent as if they were a friend and neighbor. When you call, likely Andy Nolen will answer your call himself. You will be dealing with Attorneys, not secretaries, assistants, or answering machines.
If we can be of any assistance, or you just want to talk about your situation, please call Houston Theft by Check Attorney Andy Nolen at 832-480-8951.
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