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Asked 2 months ago - Kyle, TX
FlagI understand the first hearing nothing will really happen. I just want to know what to expect since I'm five months pregnant.
While every case is different, felony thefts that are first offenses and do not involve a large amount of property are something for which most prosecutors I know would at least consider a deferred probation. However, under some circumstances, e.g., theft from charities and embezzling, I have found prosecutors to be a bit more harsh. Anyone charged in this sort of situation should get a reputable criminal defense lawyer on board ASAP.
You need to consult with and retain an attorney immediately. A good and experienced attorney will ask lots of questions in order to get a better understanding of the case and the legal issues. The options range anywhere from dismissal, to trial and acquittal / conviction, to probation, to deferred adjudication. Many attorneys in your area, like myself, offer a free consultation.
You sound like a good candidate for deferred probation. Of course I'm saying this without knowing the facts of your case. Or you could get a conviction or a reduction or a dismissal. It will depend on several factors,including the facts, the DA assigned, who your judge is, and most importantly, the work of your defense attorney.
You can bargain for deferred adjudication where you'll serve a term like probation but your case will be closed without a finding of guilt/conviction if you successfully complete all the terms. With theft cases, you always have the option of strategizing to set it for trial and hope the victim or officer doesn't show.
I have been practicing in Hays County for most of the 20 years I've been handling cases. In my experience with the DA and her first assistant (from when they were misdemeanor prosecutors in Travis County) I think you have a good shot at deferred adjudication for a first time felony.
www.austincriminaldefenseattorney.com
Hays County Theft Lawyer
512-495-1813
It depends on the options in your jurisdiction, I would assume based on what you have stated that you are strong candidate for deferred. However, your DA may also allow what his called pre-trial diversions which would allow you to be on an off the books probation. You should consult an attorney to see if this is an option with your local DA.
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