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What does it mean for me if I am on deferred action and am charged with a class B misdemeanor in Texas?

Austin, TX |

Hello,
last week I made the idiotic mistake of shoplifting and was left with a class b misdemeanor theft citation, this in Texas by the way. I am to appear to be processed on june 4th and I am now scared out of my mind as I was told the chances for being let go on bond were high but I am unlike many other people thanks to my status. I was wondering, will I have to go to jail, be deported, or is bond somewhat likely? This is my first ever offense and I just graduated from college and this stupid mistake has caused me many sleepless nights I wish I could just take back.

Attorney Answers 5


  1. You need to hire an experienced criminal defense attorney to handle this case. This case has have an adverse effect on your immigration status. You need to be able to get a pre-trial diversion in order to avoid immigration issues. Talk to a criminal defense attorney


  2. As Gary wisely suggested: get a criminal defense lawyer on the case ASAP. Use the avvo lawyer search if you are unfamiliar with criminal defense lawyers in your area. Best of luck

    Statements posted on the Avvo Q&A section are not legal advice. No prudent person anywhere at any time should ever rely upon any statements posted on the Avvo Q&A section. There is no attorney-client privilege based on this interaction. I am not your attorney and there is no attorney-client privilege up until the moment that we have a signed engagement letter with a clear understanding regarding fees - at which point we will not be discussing your legal issue online on a public Q&A board that anyone in the world can view. You should find an attorney that can best represent your interests: using the Avvo lawyer search is one of many possible utilities online to collect names of lawyers you might be interested in meeting with offline to discuss your legal issue in full detail so the legal advice can be tailored to the specific facts of your legal issue.


  3. Are you on deferred? If you just got a citation and must appear in court, that does not mean you are on deferred but that you are facing the charge which carries from probation up to 6 months in jail and a fine up to $2,000.

    What you need is a pretrial diversion if you can get one. A pretrial diversion will help you avoid a conviction and have the ability in the future to expunge your record.

    You need to hire a lawyer to represent you.


  4. Not only do you need a knowledgeable criminal defense attorney, but you need an attorney that understands the immigration consequences. A theft charge is a "crime of moral turpitude," so this can have a serious impact on removal or admissibility. For most immigration purposes, a "deferred adjudication" is treated the same as a conviction. You need: 1. A good criminal defense lawyer; 2. A lawyer that knows the immigration consequences; and 3. A lawyer familiar with all of the possible dispositions in your jurisdiction (presumably Travis County). Good luck.


  5. If it is your first offense, you should hopefully be able to get a deferred prosecution on the charge or a reduction to a Class C with a deferral - either will ultimately dismiss the charge so you can expunge it. You can also have your attorney look into a pretrial diversion application should will get it dismissed under the same circumstances.

    I assume you are not already on a probation of some type?

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