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How do i get a Shoplifting charge dismissed

Del Rio, TX |

Me and my wife got caught at wal-mart shoplifting class b over 50$ it was baby supplies and oil for my car i am just getting by barely and i couldnt afford the need expenses not an excuse just a reason that i am ashamed of please spare the critisism i am currently being considered for a federal job ni prior criminal history unitl now i am also trying to get into the army which i would rather take than the federal job does but the only way i can get in the recruiter told me i NEED it DISMISSED bit probation no conviction im scared because my whole life is riding on this conviction and even if i get convicted and move on who wants to hire a thief? please any advise on what i cant do or tell the judge should i get a lawyer write a letter?? thank you for your time

sorry for the poor grammer and spelling i hope you understand my questions

Attorney Answers 3


I do think you probably need to have an attorney representing you--if you can't afford one, the court will appoint one for you, probably at your first court date. I don't know how the prosecutor's office there handles this situation, but here, if you're trying ro get into the military, your attorney and your recruiter can work together to try to get the prosecutor to agree to dismiss the case, maybe with completion of a theft class and a letter from your recruiter confirming that you're all set up to join and they'll take you just as soon as you get that case disposed of. In some cases, you may even be able to get this all done and the case dismissed prior to the first court date. Whatever you do, DO NOT plead guilty to this without there being some very good reason you understand and fully agree with your attorney on (and without priors or something particularly horrible about the theft itself, it's very unlikely there would be such a situation). A conviction for theft, even just a misdemeanor, even if you get probation or just pay a small fine and don't go to jail for it, can cause you untold problems for the rest of your life. If you've never been arrested before, there's a pretty good chance your attorney will be able to work out something with the prosecutor that will keep you from getting a conviction.

After you get your immediate problems straightened out, be sure you remember to get the case expunged. You'll have to file a separate civil case to do that, and you'll have to pay probably $1000-$2500 total, depending on the attorney's fees, but after an expunction, the arrest and case records will be destroyed, versus on your record forever otherwise--even just a dismissed theft charge is very often enough to make employers not consider hiring you.

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As a former prosecutor and current defense attorney I have handled this situation numerous times. It is not uncommon for people in your situation to have their whole lives riding on the outcome of their criminal case. In the hands of the right lawyer there are numerous solutions to this. I practice law in Del Rio, Texas, and i would like to speak with you regarding your case. Please give me a call.

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I can add only to the previous responses with encouragement that if you show the prosecutor through an attorney that you are trying to get your life on track, something can likely be worked out. Mr. Locke is a very frequent poster on this site and his advice is always sounds. You would be wise to take him on his invitation to call and speak with him to see how he can help you.

Good luck to you.

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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