Public Servant

[odwraca]

Hi all,

I have been digging around the web, looking at forums and legal descriptions to no avail... I am trying to find out WHO exactly a Public Servant is. I.e a Police Officer is a Public Servant, is the Meter Reader or the Parks employee who mowes the grass a Public servant?

My brother was charged with a State Jail Felony (Texas) for the following (Amount was deemed at $1500):

(3) a Class A misdemeanor if the value of the property stolen is $500 or more but less than $1,500;

but was elevated to a state jail Felony because of the following:

(f) [amended 9/1/97] An offense described for purposes of punishment by Subsections (e)(1)-(6) is increased to the next higher category of offense if it is shown on the trial of the offense that:
(1) the actor was a public servant at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of his status as a public servant; or
(2) the actor was in a contractual relationship with government at the time of the offense and the property appropriated came into the actor's custody, possession, or control by virtue of the contractual relationship.

So my questions is this: Is he considered a public servant? Worked for the Texas Municipality for 3 years in the Water Department. (ditch digger basically)

Many thanks in advance!
Micah

[BJJVad]

Damn, Texas get's filings on crimes that occur in jail? I tried to cut down 3 forests to get a filing in CA.

§ 1.07. DEFINITIONS.

(41) "Public servant" means a person elected, selected, appointed, employed, or otherwise designated as one of the following, even if he has not yet qualified for office or assumed his duties:

(A) an officer, employee, or agent of government;
(B) a juror or grand juror; or
(C) an arbitrator, referee, or other person who is authorized by law or private written agreement to hear or determine a cause or controversy; or

[DeltaV]

If you are employed by the government then you are considered a public servant.

[odwraca]

Ok, and that is regardless if it municipal or not? Thanks for all the helpful info.

[odwraca]

Never mind, if a officer is considered a public servant then so would a employee derrr.

Well that is quite interesting that the person who works at a sewage plant is considered a public servant. I would have never guessed that!

[scott715us]

Never mind, if a officer is considered a public servant then so would a employee derrr.

Well that is quite interesting that the person who works at a sewage plant is considered a public servant. I would have never guessed that!

Anyone who's hired by the government as BJ has already indicated. It doesn't matter what their actual job is. Tell your brother to stop being a thief and maybe he won't get arrested.

[odwraca]

I do not deny that he made a mistake... I have talked to him about it but he will just have to learn from his lessons. He is 22 and I am afraid his life may be permanently damaged. Supposedly they are giving him deffered adjudication? Not sure what that is but I am looking it up now. I was just hoping he would have a chance to not have a felony on his record.

[kels]

Your brother needs to speak with attorney.

What you find on the internet isnt going to help either him or you.

[Safety Steve]

Deferred Adjudication is a good thing for both sides (your brother and the District Attorney). If he completes the probation, his record will always show an arrest for the felony, but no conviction. That is the good for your brother.

If he fails the probation, the District Attorney will file the motions for adjudication which will then always show as an arrest and felony conviction. Under the deferred guidelines, the DA can ask for the maximum punishment. For a State Jail conviction the maximum punishment is 24 months without any chance of parole (SJ's are not eligible for parole). That is good for the DA.


Be Safe.

[odwraca]

Steve,

Thank you for the well structured response, I appreciate the info and not a bash session. I found him a lawyer and they are meeting Friday before court. The Lawyer told him due to his age and it being a first offensive and non violent he *may* be able to get a misdemeanor. We shall see.

Thank you everyone,
M

[scott715us]

Steve,

Thank you for the well structured response, I appreciate the info and not a bash session. I found him a lawyer and they are meeting Friday before court. The Lawyer told him due to his age and it being a first offensive and non violent he *may* be able to get a misdemeanor. We shall see.

Thank you everyone,
M

Just out of curiosity, why are you doing everything for him since he's 22?

[odwraca]

Long story and way to personal to post on the internet. Sorry scott but what does everything you post seem to have a negative meaning and feel about it? If it were your brother would you be doing the same? For one I am significantly older and he had a rough time growing up. Is that a excuse? Hell no. But he has made great strides to be better than what he could have easily ended up being. I am not going to write him off for one mistake. Theft or not. Plus you do not know exactly what he is being charged with or the circumstances surrounding it.

[BJJVad]

Long story and way to personal to post on the internet. Sorry scott but what does everything you post seem to have a negative meaning and feel about it?

I'm sorry, do you have an active account that dates back to 2004?

If it were your brother would you be doing the same? For one I am significantly older and he had a rough time growing up. Is that a excuse? Hell no. But he has made great strides to be better than what he could have easily ended up being. I am not going to write him off for one mistake. Theft or not. Plus you do not know exactly what he is being charged with or the circumstances surrounding it.

Hovering over any adult (no matter how they were brought up), could have very dire outcomes for you and for them.

As I read it, Scott was merely trying to get you to articulate your own reasoning for trying to control/influence an adult. As a method for you to self critique.

I could be wrong, however, I believe the following quote may have been where he was going.. "Caring about someone is letting them fall down so they can learn to stand back up on their own."

[retdetsgt]

More than a few times, I've seen older family members coddle a younger one and keep them from having to take responsibility for their actions. The result is rarely very pretty because the young one tends to think the rest of the world owes them something too. The fact your brother committed theft doesn't say much for his decision making ability. Maybe if you let him handle the situation, he'll learn more from the experience.

I had a rough time growing up too, but fortunately my older brother let me learn from my own mistakes and never tried to rescue me. I'll always be eternally grateful to him for that.

[mcsap]

Your brother did not make a mistake. He did an intientional act , stealing. A mistake is when your socks don't match. Quit making exceuses for him and start out with ...." my brother stole something ...."

We hear the mistake mantra all the time from defense attornies who are trying to portray their clients as " mistake makers " when in fact they knowingly , intentionally and willingly committed criminal acts.