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My son (19) was picked up for possession of stolen property.
Grapevine, TX
Viewed 26 times.
Posted 5 months ago in Criminal Defense
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The item was a city fire department radio. He took it when he was doing a college internship at the fire station.
Is this a felony or a misdemeanor? What can he expect? It is his first adult charge. Answers (2)Paul Holt Walcutt
This attorney is licensed in Texas.
Posted 5 months ago.
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The level of the charge depends on what the value of the radio was and whether or not there is any other property they believe he took. If the value of the radio is between $50 and $500, then your son will be charged with a Class B Misdemeanor (up to 6 months in the county jail or up to 2 years of probation), between $500 and $1500 a Class A Misdemeanor (up to 1 year in the county jail or up to 2 years of probation), and above that it could be a felony. They might try to enhance this to the next highest level by classifying your son as a public servant under TX Penal Code 31.03(f)(1), but I doubt anyone would find that an intern fits that description.
This jurisdiction may have some sort of pretrial diversion program for first time offenders that may help your son avoid a conviction. (You say that this "is his first adult charge" which leads me to believe that he may have a juvenile record. Keep in mind that while his juvenile record is sealed from the public, law enforcement may have access to it, especially if his arrests were in the same county. This will probably mean he won't be treated as a "first timer".) Your son needs to speak with a criminal defense attorney in the county this occurred in ASAP. Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship. Robert Hampton Tuthill
This attorney is licensed in Texas.
Posted 5 months ago.
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I agree with Mr. Walcutt. The type of offense will be determined by the value taken. So if someone steals a gold ring valued at $10,000, that offense is considered more serious than stealing a plastic ring valued at $5. So it would be impossible for us to tell you what level of offense your son is getting charged with.
I would suggest talking to a local attorney in the DFW area to make sure your son knows all of his options. There are many great attorneys listed here on Avvo who could help you. You could also contact a local bar association for a referral. |