Theft by check over $50 is a class B misdemeanor, which carries a penalty range of up to 180 days in the county jail, and up to a $2000 fine. However, if a warrant for your arrest has been issued for theft by check, we may be able to post a personal recognizance bond, in which case you will not be required to go to jail. Don’t wait! If a warrant for your arrest has been issued for theft by check, the police may come to your home, school, or office and arrest you. Likewise, you can be taken into custody during
a routine traffic stop, if you are pulled over anywhere in the State of Texas.
Have you been arrested for theft by check? Or, has a warrant for your arrest been issued for theft by check? Under the Texas Penal Code, you can be charged with theft by check if you write a hot check in exchange for property. Usually, the check is dishonored because the bank account was closed, or due to insufficient funds in the account. Under these circumstances, the bad check writer can remedy the problem before theft by check charges are filed against him by making restitution on the amount of the dishonored check. The person to whom the hot check was written is required to notify the person who issued the check, in writing, and give him or her a chance to pay off the bad check. After receiving notice, the alleged bad check writer has ten days to make restitution to the recipient of the hot check. However, if restitution isn’t made, the alleged bad check writer is, by law, presumed to have written the check with the intent to defraud the recipient of the check. At that point, theft by check charges may be filed with the district attorney’s office, and a warrant may issue for your arrest.