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What is the possibility deferred adjudication first time shop lifting under $150 in Texas?

League City, TX |

It was 100% my fault. I made a rash, horrible decision shop lifting diabetic test strips because I was out & needed them desperately. I now realize that the worst despair is being handcuffed in front of hundreds, looked at with contempt by law officials,& the shame of friends, loved ones, & family knowing. I will never forgive myself. But it was a 1st time offense & I swear to God the one & only for the rest of my life.
That aside, I need to know what are the chances of getting deferred adjudication for a 1st time offense, under $150. I'm told it's a class B misdemeanor. A law official at the county jail told me I should go talk to the JP before my court date to ask for deferred adjudication being it was a 1st time & bc I was offered a job with the county I live in which I could lose now.

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Attorney answers 3

Best Answer
Posted

Deferred probation will definitely be an option. You may also qualify for a pretrial diversion program, which results in an outright dismissal. I think there is a good chance given the facts and your lack of a criminal history that an attorney may be able to get it dismissed completely. Best of luck.

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 www.macyjaggers.com for more information about her services and recent victories.

Asker

Posted

Thank you so much, Ms. Jaggers!

Posted

You really should seek out the assistance of a criminal defense lawyer ASAP. That attorney can guide you and advise you about the programs that may be available to avoid a conviction.

Most criminal defense lawyers do not charge for the first consultation.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

Asker

Posted

Thank you very much for your advice!

Posted

If you don't have a prior history, I think your chances are good, and as long as you are actually talking about a theft of under $50 (I think that's what you mean, not $150), you'll be eligible to have your records expunged in two years as long as you're successful with the deferred disposition requirements. Your chances of getting there are going to be better with an attorney, and representation shouldn't be that expensive for a Class C case like this. I know the whole thing seems like an enormous disaster right now, but as long as it gets handled correctly, it really doesn't have to be the end of the world for you. Good luck.

Asker

Posted

Thank you Ms. Foley! Unfortunately, the item WAS $132 for something that fits in the palm of my hand. Test strips are exorbitantly expensive. :( And I was told it is a Class B, not C, so it's a little worse. I DO feel like I've messed up my life, which no one is to blame but my own foolish self. I see that you're a Galveston County CDA. Would you be able to tell me how much a lawyer might cost me on this? If I can't afford an attorney, should I still seek pretrial diversion or stay safe with deferred adjudication? Thanks again for your advice!

M Elizabeth Gunn

M Elizabeth Gunn

Posted

Ouch. I was hoping the way you phrased it, you meant under $50, which would have put you in a much better situation. By the way, even if it were a Class C, you couldn't just "go talk to the JP", but I'm sure the officer meant well. Your case will be handled in county court, in Galveston, not in JP court. Unfortunately, even a deferred adjudication on a Class B theft case will leave you with a lifelong record (you'd probably be able to get it sealed, but not expunged), and Galveston County doesn't offer a pretrial diversion program the way Harris County and some others do. There are still some other ways that your case might be able to be worked out that would avoid leaving you with a permanent record of this, though, so don't give up hope. Truthfully, I can't tell you what anyone else might charge you on this--attorney fees are not standardized and often vary quite a bit. If you'd like to contact me, I'd be happy to tell you what I'd charge, I just can't speak for anyone else.

Asker

Posted

I would very much like to contact you for a consultation. Would you prefer phone call or email?

M Elizabeth Gunn

M Elizabeth Gunn

Posted

Why don't you email me your contact information? That way I can call you when I get a free moment--thanks.