Encryption
Junior Member
What is the name of your state (only U.S. law)? Texas
I was arrested and charged with felony theft. The property in question was computer equipment.
In the state of Texas to meet the requirements for a felony theft charge the value of the property must meet or exceed $1,500. The police used the equipment's original purchase price of $3,500. The equipment is nearly a decade old, I actually thought it was trash.
The equipment has been discontinued by its manufacturer for over five years. It can no longer be purchased new. On the used market it can be purchased every day (eBay, etc) for under $1,000.
Which method of determining the value of the property for determining a penalty for theft?
To demonstrate why I think using the original retail value of computer equipment is flawed I will demonstrate a price comparison of an Apple laptop purchased in 2004 with one purchased today. In 2004 a PowerBook G4 from Apple suggested retail price was $1,599. Today the exact model line, with greatly expanded performance and features, has a suggested retail price of $1,099. If one were to use the retail value of the laptops, rather than their current value, to assess a penalty for theft, then it would be a felony to steal the 4+ year-old laptop, which sales on eBay - New & used electronics, cars, apparel, collectibles, sporting goods & more at low prices between $100 and $500 dollars. In comparison it would be a misdemeanor to steal the far superior laptop purchased today.
Am I way off base here or have I been charged with the wrong crime? And if so, what is my recourse?
Please, before spamming me with "Hire an attorney" messages please understand that I am a poor college student living off of financial aid and cannot afford an attorney. I cannot use the University legal council because the equipment belongs to the school. The police nor the the District Attorney will speak with me about my case without a lawyer. I have been told I cannot get a court appointed attorney until there is a court date. Though, if I am correct and the police have charged me with the wrong crime I would rather have the case dropped prior to it being presented to a Grand Jury.
I imagine if I could get the felony case dropped, for this reason, that the police could still file misdemeanor theft charges against me as soon as the felony case was dropped. If this did happen would I be arrested, have to spend the night in jail, and post a bond again?
I truly think that I could win at trial but I would much rather it go to trial as a misdemeanor rather than a felony. Although, I might accept a ple bargain for misdemeanor probation rather than go through the trouble of a trial. But, I cannot accept felony probation as every application, in my career, I have ever seen asks if you have ever been convicted of a felony or been on felony probation. So, if this stays as a felony and goes to trial I will have no choice but to see it through because felony probation is just as bad, at least career wise, as a felony conviction would be for me.
I will very grateful for any information I can get!
Thanks!
I was arrested and charged with felony theft. The property in question was computer equipment.
In the state of Texas to meet the requirements for a felony theft charge the value of the property must meet or exceed $1,500. The police used the equipment's original purchase price of $3,500. The equipment is nearly a decade old, I actually thought it was trash.
The equipment has been discontinued by its manufacturer for over five years. It can no longer be purchased new. On the used market it can be purchased every day (eBay, etc) for under $1,000.
Which method of determining the value of the property for determining a penalty for theft?
To demonstrate why I think using the original retail value of computer equipment is flawed I will demonstrate a price comparison of an Apple laptop purchased in 2004 with one purchased today. In 2004 a PowerBook G4 from Apple suggested retail price was $1,599. Today the exact model line, with greatly expanded performance and features, has a suggested retail price of $1,099. If one were to use the retail value of the laptops, rather than their current value, to assess a penalty for theft, then it would be a felony to steal the 4+ year-old laptop, which sales on eBay - New & used electronics, cars, apparel, collectibles, sporting goods & more at low prices between $100 and $500 dollars. In comparison it would be a misdemeanor to steal the far superior laptop purchased today.
Am I way off base here or have I been charged with the wrong crime? And if so, what is my recourse?
Please, before spamming me with "Hire an attorney" messages please understand that I am a poor college student living off of financial aid and cannot afford an attorney. I cannot use the University legal council because the equipment belongs to the school. The police nor the the District Attorney will speak with me about my case without a lawyer. I have been told I cannot get a court appointed attorney until there is a court date. Though, if I am correct and the police have charged me with the wrong crime I would rather have the case dropped prior to it being presented to a Grand Jury.
I imagine if I could get the felony case dropped, for this reason, that the police could still file misdemeanor theft charges against me as soon as the felony case was dropped. If this did happen would I be arrested, have to spend the night in jail, and post a bond again?
I truly think that I could win at trial but I would much rather it go to trial as a misdemeanor rather than a felony. Although, I might accept a ple bargain for misdemeanor probation rather than go through the trouble of a trial. But, I cannot accept felony probation as every application, in my career, I have ever seen asks if you have ever been convicted of a felony or been on felony probation. So, if this stays as a felony and goes to trial I will have no choice but to see it through because felony probation is just as bad, at least career wise, as a felony conviction would be for me.
I will very grateful for any information I can get!
Thanks!
