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I was charge with theft under 50 and failure to identify. What are my options?

San Antonio, TX |

At Walmart I got a charge with theft under 50 I show them my receipt for the items but they said that I had more items. They call the cops and they handcuff me later they found my ID

Prosecutor offer to dismiss the failure to identify, if I plea no contest to theft under 50 and pay fine $200, be in probation for 150 days and at the end they will also dismiss it. Do you think if I can ask something else or different? My objective is to end up with a clean file for the jobs requiring criminal background checks.

Attorney Answers 3


Generally theft under $50 is just a ticket although you should seek to get it dismissed by performing community service hours and taking a class. The failure to identify is punishable by up to 180 days in jail. With little or no criminal history you should be able to get deferred adjudication (probation without a conviction) . Walmart will likely send you a demand letter asking for money. The consensus opinion among lawyers is that you can generally ignore the letter. If they file suit, and I've never seen it happen, them you need to take it seriously.
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I would speak to a criminal defense attorney. Was there a video of you taking any items? If not, then I doubt the city can prove it's case. I doubt security from Wal-Mart will show up on the trial date if it's just a class c misdemeanor.

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Your question asks about your options. Your best option is to consult a criminal defense attorney, because a thorough answer to your question will require you to provide him or her more information than you have provided here. With that in mind, your attorney will need to know whether there actually were more items found in your possession, by loss prevention or by police, than were listed on your receipt. Just because law enforcement claims you had more items than the receipt showed does not mean that there were more items - or that, even if there were, that they can prove you stole something. There must be some proof.

As with the first part of your question, the second part also requires more information. Even though your ID was ultimately found, by the police I presume, you don't have to be carrying ID in order to identify yourself to the police. You may have voluntarily told them your name, but I cannot be sure what the circumstances were without further information. Seek the representation of an attorney.

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