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First Offense Class B Misdemeanor (Theft under $500)? Stolen items: 5 shirts (est. amt. $46) 2 pairs of shorts (est. amt. $28)

Tyler, TX |

im 19 yrs old and Im trying to see if i need to plea guilty or innocent for theft class b under $200. This is my first offense ever, and i am beyond scared of what could happen. I did research and i saw a lot of ppl saying that its not good to plea guilty, just get a lawyer.....but what if the victim caught me red handed and has video proof, do i still plea not guilty just so i can have a chance of getting this offense of my record? And if i just go ahead and be honest and plea guilty what do u think will be my punishment, and what are my chances of getting this off my record? What are ALL the possible punishments i can face from this mistake? and do you think i will get any jail time? I would really appreciate a real honest answer. Thank you soo much --SCARED :-(

Attorney Answers 3

Posted

You need to hire a lawyer or if you are indigent, appear in court and request that a lawyer be appointed to represent you. Bring proof that you are a full time student or of your income (such as W2 and pay slip stubs.)

It does not matter that you were caught. You need to get a lawyer. You need to have the lawyer help you handle the case so that it can possibly be expunged (pretrial diversion) or sealed at worst (with a deferred adjudication probation.)

The maximum possible sentence is 6 months in jail and a $2,000 fine and being labled a thief for the rest of your life.

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7 comments

Asker

Posted

do you think i will get any jail time?

Cynthia Russell Henley

Cynthia Russell Henley

Posted

Not likely as a first offender. I think I just answered your email, too. You need a lawyer any time there is a potential for jail time or you talk directly to the prosecutor which is NOT a good idea. To be able to clear your record, you must get the pretrial diversion.

Asker

Posted

yes that was my email.....and one more question: how do i go about getting the pretrial diversion (this is in tyler tx, smith county by the way)

Cynthia Russell Henley

Cynthia Russell Henley

Posted

Smith county is very tough. HIRE A LAWYER.

Asker

Posted

thank you! do you see clients out of the houston area, if so what are your rates?

Cynthia Russell Henley

Cynthia Russell Henley

Posted

I do, but it is generally a lot cheaper to hire a local lawyer, especially in a case like this. Call Bobby Mims at (903)595-2169 and tell him that I referred you. He is a good guy.

Asker

Posted

ok thank you so much for all your advice and help, you just dont know how this helped.

Posted

Don't Plead Guilty! Hire an attorney because even if there is solid evidence against, if your record is clean a local criminal defense attorney can help negotiate a proper plea. Possibly a pretrial diversion or a deferred adjudication at the least. Either of these options will leave you in a position to avoid severe consequences to your record.

As Ms. Henley noted, Bobby Mims is a very solid attorney in Tyler; So is Erick Platten. Call either of them and you should be on the right track.

Good luck

Although my intent in answering this question is to aid you in the legal process, my answer does not establish an attorney-client relationship in any way. You should seek the advice and counsel of a qualified attorney in your community to evaluate your legal needs and to advise you. No Attorney-Client Relationship is created without the specific intent of both parties.

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Posted

I with agree with Ms. Henley and Mr. Soechting. You should avoid pleading guilty to a theft case because it is a crime of moral turpitude despite the evidence of your guilt. Hire a lawyer to help you mitigate the impact of this charge through pretrial diversion or deferred adjudication probation. Call the attorneys Ms. Henley and Mr. Soechting suggest. I know Mr. Platten -- he and I were probation officers in Dallas. Good luck.

My answer is for informational purposes.

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