Skip to main content

. Prosecutor offer to dismiss the failure to identify, if I plea no cont

San Antonio, TX |

At Walmart I I was charge with theft under 50 and failure to identify, 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
Additional information

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.

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.

+ Read More

Attorney answers 4


Consult with a local TX criminal attorney before you do anything - many offer free initial consultation. If you can not afford a private attorney & if you qualify you can be represented by the Public Defender. This is a theft charge & you need to be fully informed & understanding of the consequences of this charges. Goood luck

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.



Mr. Crosner At the municipal court they said that they do not know about a Public Defender or State Appointed Attorney but that you for trying.



I mean to write: Thank you very much but this is Texas...


If the theft is a deferred adjudication it may be possible to seal the record. You really need to visit with an attorney who has the opportunity to review and investigate the state's file and assist in advising you as to the best opportunity to accomplish your goals.

Answers provided on Avvo does not form an attorney-client relationship or indicate that the attorney represents or even will represent the client. Responses to questions are provided and based upon the facts as stated in the question. While attorneys attempt to make a complete and accurate response, there is no guaranty or warranty that the response is correct. You are encouraged to seek qualified counsel, licensed in the state(s) which have jurisdiction over the matters for advice. You are also encouraged to be careful as to your postings as the postings are not confidential.


That sounds like a great result to me and certainly a guaranteed outcome. If you take the cases to trial you could end up with two permanent convictions. This would allow you to ultimately expunge both cases from your record completely.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.


You have two choices. Accept the plea or ask for a jury trial. If you accept the plea, you will be able to expunge the arrest for theft at a later date. If the prosecutor will just dismiss the failure to identify and not put on the plea paperwork that it was dismissed in consideration for a plea fot the theft you can expunge the failure to identify. When you expunge your record, you can legally deny that you were ever arrested. If you try the case to a jury and are found guilty, you cannot expunge your record. You really should consult with an attorney about the plea so that he or she may ask questions. Did you actually have more items in the bag than you purchased. Did you fail to identify yourself or just not have your identification readily available? There is a hugh difference. In what jurisdiction were you arrested? What court are you in, municipal or JP or county court at law. Were you actually charged with theft $50-500.00 and the prosecutor is reducing your charge to theft less than $50.00?

The above answer does not create an attorney-client relationship. The information provided is general to anyone, and is not intended to be advice to anyone's specific situation. You should consult an attorney immediately concerning your legal issue. The information provided is not intended to be relied upon as a final or conclusive solution to your situation.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer