Are you certain that he is experiencing trouble finding a job as a result of the theft charge? Normally, it is convictions that create the problems, not charges.
More importantly, I suggest that he consult with employment attorney ASAP. If he was not appropriately notified of his termination, he may not be in the wrong at all, nor responsible for paying the company back.
This case will be assigned to the Specialized Crime Division in Dallas County. As an employee theft, it will be taken very seriously. If he cannot afford an attorney, he can apply for one. It is fairly difficult to get a court-appointed attorney in Dallas County if you are out on bond. Through the discovery process, his attorney will obtain all of the necessary documents to determine how the State is trying to make its case. It will help if he will be prepared to pay restitution in full. This sometimes aids in getting a reduction or dismissal, depending on the underlying facts of the case. Most of us do not charge for consultations. Before he assumes he cannot afford an attorney to represent him in this matter, he should consider having a few consultations to find out about fees and payment plans.
Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.
If he was working during the time period that he was being paid, then he was not stealing from them and it can be argued there was a miscommunication on whether or not he was still employed - but, the company got the benefit of the work they paid for. He needs to gather any proof he has that he was working.
If he is indigent - no property to sell and no income, he qualifies for a court appointed lawyer. He will need to bring proof of his financial status - bank records, etc., as well as proof he is looking daily for a job.
He should apply for a court appointed attorney or make payment arrangements with a good criminal attorney. Either set the case for trial and hope the witnesses do not show up or try to get a deferred adjudication in your plea offer so at least it isn't a conviction. good luck.
If he knowingly cashed the checks which were the result of a mistake by his old employer then the state has enough to prosecute the case. With restitution paid, I believe a deferred adjudication on a misdemeanor would be a favorable result depending on his criminal history.
Law Office of David D. White, PLLC
1205 Rio Grande St.
Austin, TX 78701
Employee theft Criminal defense Criminal charges Crime classifications Felony crime Misdemeanor crime Criminal charges for theft Defenses for criminal charges Criminal arrest Victim compensation and criminal conviction Criminal record Employment Professional ethics Termination of employment Lawsuits and disputes Discovery