Freer, TX Criminal Defense Law Firms & Lawyers

You can file a motion with the court to return the seized property. If it is worth a significant amount of money, you can hire an attorney to assist (otherwise the attorney will cost as much as the property and it is not worth it).  Good luck.

You need to understand that they can bring that charge if they want to, just based on what you have described. That does not mean that the case cannot be beaten.  To convict you on the organized criminal activity case the DA's will have to prove you committed an act in furtherance of the criminal conspiracy (the conspiracy would undoubtedly be to rip off Rent a Center). My guess would be that they will find it hard to believe you didn't know what your Dad was up to when you got him the TV. That aspect of the case will be where it is won or lost, in my opinion.  Generally, my advice would be to discontinue speaking to their investigators. In my experience, that has seldom, if ever, ended well for the "cooperating witness." 

To be eligible for an expunction, the case must have been dismissed (with no guilty plea, no probation, no deferred) or you must have been found not guilty after a trial. If you received deferred adjudication probation and successfully completed it, you might be eligible to seal your record - it depends on the offense and if eligible, some offenses require a waiting period after the completion of the deferred. Also, it is not guaranteed - the judge in whose court the case was prosecuted makes the decision. If you received deferred, then the wording on the document that is signed by the judge at the completion of the deferred states that the case is "set aside." This is so misleading because people think that it means that the case is over without it being on their record - which is wrong. The case remains on your record indefinitely. There is no procedure called "set aside" in criminal cases.