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Felony Theft Defense Strategies
Summary
Felony theft in louisiana involves amounts over $1,000. Evidence of mutual usage and lack of bank evidence can be critical to your defense. Harassment issues, including peace bond violations, should be documented and reported to the issuing court. Consult your public defender or a private attorney for further guidance.Full Conversation
2 years ago i was arrested for felony theft. the complaintant was a man that came to my house everyday for a couple of years. during those visits, we would drink together and i would make sure he ate before he left. i would order stuff for him on my amazon account and sometimes things for myself using his debit card. the items would all be delivered to my house and i would reimburse him in cash for any items i purchased for me. at times, he used my debit card to purchase things and he would reimburse me in cash.
Thank you for sharing the details. It seems that your case involves allegations of felony theft, potentially due to confusion or disputes over financial transactions. To assist you better:
- Were you formally charged, and if so, is your case still pending or resolved?
- Did you have any written agreement or documentation of these financial exchanges?
This information will help clarify how to proceed.
- Were you formally charged, and if so, is your case still pending or resolved?
- Did you have any written agreement or documentation of these financial exchanges?
This information will help clarify how to proceed.
he went to the bank and filed a dispute on a couple of charges. the bank then collected every charge for amazon and asked him to come sign the updated disputes. the bank filed chargebacks for the transactions. and the money was returned to the bank. the bank then looked at prior months and repeated the process. the account owner returnd several time upon the banks request to sign the disputes. the bank claims they reimbursed the account owner $*,*. a month later the account holder was again asked to return to the bank to write a statement, the statement simply said that the bank told him nikki made the charges and that he didnt know who that was. (i am nikki.) the bank then the police were called. the officer wrote a statement for the account holder saying he authoried me to use the card once or twice, but not after that. i was then arrested. during this, the account holder still came to my house for daily visits
It seems that the situation involves a misunderstanding regarding financial transactions and potential misuse of a debit card. Below is some general legal information that may help:
- In Texas, theft charges are determined based on the value of the alleged stolen property. Felony theft typically involves amounts over $*,*.
- Proving authorization for card use (e.g., verbal agreements, text messages, or evidence of reimbursement) can be critical in your defense.
- The complainant’s ongoing relationship with you and inconsistencies in their statements may also impact the case.
Have you consulted with a defense attorney to review the evidence and statements made against you?
- In Texas, theft charges are determined based on the value of the alleged stolen property. Felony theft typically involves amounts over $*,*.
- Proving authorization for card use (e.g., verbal agreements, text messages, or evidence of reimbursement) can be critical in your defense.
- The complainant’s ongoing relationship with you and inconsistencies in their statements may also impact the case.
Have you consulted with a defense attorney to review the evidence and statements made against you?
the account holder died before my first appearance. now the bank is claiming to be the victim
I'm sorry to hear about your situation. In Texas, theft charges can continue even if the original complainant is deceased, and the bank may step in as the victim if funds were reimbursed to the account holder.
Key points:
- Any written evidence of authorization or reimbursements can strengthen your defense.
- The complainant’s death may affect the admissibility of their statements, which your attorney can challenge.
Have you discussed these developments with your attorney?
Key points:
- Any written evidence of authorization or reimbursements can strengthen your defense.
- The complainant’s death may affect the admissibility of their statements, which your attorney can challenge.
Have you discussed these developments with your attorney?
this is in louisiana
Thank you for clarifying. Louisiana theft laws differ slightly. Here's some general information:
- Felony theft in Louisiana involves amounts over $*,*.
- Evidence of authorization, reimbursements, or mutual usage agreements can be key.
- The complainant's death may affect evidence admissibility but doesn't dismiss charges.
Have you consulted a Louisiana-based defense attorney?
- Felony theft in Louisiana involves amounts over $*,*.
- Evidence of authorization, reimbursements, or mutual usage agreements can be key.
- The complainant's death may affect evidence admissibility but doesn't dismiss charges.
Have you consulted a Louisiana-based defense attorney?
i have a public defender. i have evidence of mutual usage. the bank ha not shown any evidence of provisional credit to the account holder, nor have they acknowledged the chargebacks they recieved
It’s good that you have evidence of mutual usage. In Louisiana, your public defender can use this evidence to challenge the charges. Key points to discuss with them:
- Lack of bank evidence regarding provisional credit or chargebacks.
- Mutual usage and reimbursement evidence.
- The complainant's inconsistent statements.
Have you shared all this evidence with your public defender?
- Lack of bank evidence regarding provisional credit or chargebacks.
- Mutual usage and reimbursement evidence.
- The complainant's inconsistent statements.
Have you shared all this evidence with your public defender?
yes. the bank claims they are out $*,* and y attorney asked for supporting evidence, a year and a half later the ony suplemental evidence they have turned over to the district attorney is a copy of the police report
Thank you for sharing these details. In Louisiana, the lack of substantial evidence from the bank could be critical to your defense. Key points to discuss with your attorney:
- Challenge the bank's claim of $*,* loss without evidence of provisional credits or chargebacks.
- Highlight the delay in evidence production.
- Use your reimbursement and mutual usage evidence effectively.
Have you or your attorney filed any motions to compel evidence?
- Challenge the bank's claim of $*,* loss without evidence of provisional credits or chargebacks.
- Highlight the delay in evidence production.
- Use your reimbursement and mutual usage evidence effectively.
Have you or your attorney filed any motions to compel evidence?
yes. he filed a motion to limine and was denied by the judge. we are currently appealing this decision. in the meantime, the account holders sons have been on social media telling everyone that i am guilty, fabricating events and arrests that never happened, harrassing me, putting nails on my driveway, caused structural damage to my property andd harrassing my business and customers. we are in a town of * people. i have had to give up my right to a jury trial because of this. i have filed * police reports on them in a year and a half. i was finally able to obtain a peace bond last week
It seems you're dealing with a difficult situation involving harassment in addition to your legal case. In Texas, a peace bond is a legal remedy to prevent further harassment. Here are some important points:
- Continue documenting all incidents of harassment.
- Violations of the peace bond should be reported to law enforcement immediately.
- Consider consulting an attorney to explore defamation claims or other legal remedies.
Have the peace bond violations been addressed by law enforcement?
- Continue documenting all incidents of harassment.
- Violations of the peace bond should be reported to law enforcement immediately.
- Consider consulting an attorney to explore defamation claims or other legal remedies.
Have the peace bond violations been addressed by law enforcement?
no none ofmy complaints have been addressed by law enforcement
I'm sorry you're facing this situation. In Texas, if law enforcement isn't addressing peace bond violations:
- Document all violations thoroughly (photos, videos, reports).
- Report violations directly to the court that issued the peace bond.
- Consider contacting the Texas Attorney General's Office or a private attorney for further assistance.
Have you followed up with the issuing court?
- Document all violations thoroughly (photos, videos, reports).
- Report violations directly to the court that issued the peace bond.
- Consider contacting the Texas Attorney General's Office or a private attorney for further assistance.
Have you followed up with the issuing court?
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