[TX] What should a first-time offender do after being charged with misdemeanor theft?

TX Criminal Law

Andres Sanchez

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Here's what you can do next to help your daughter:

Contact a Criminal Defense Attorney. It's crucial to have a lawyer who specializes in criminal defense, especially for a Class B misdemeanor. They can provide specific advice tailored to your daughter's case and represent her in court. Look for someone with experience in juvenile cases if possible.
Understand the Charges. Make sure you fully understand the nature of the charges against your daughter. A Class B misdemeanor in Texas can lead to up to 180 days in jail and/or a fine of up to $2,000 (TX Penal Code § 12.22). Knowing the potential consequences will help you and your lawyer plan the best defense strategy.
Prepare for the Court Appearance. Once a court date is set, ensure your daughter is prepared. This includes understanding the charges, knowing what to expect in court, and discussing possible pleas with her attorney. Pleading not guilty, guilty, or no contest each have different implications, so it's important to choose wisely.
Consider Pre-Trial Diversion Programs. Since this is her first offense, she might be eligible for a pre-trial diversion program. In Texas, first-time offenders can sometimes qualify for deferred adjudication community supervision under the Code of Criminal Procedure, which allows a defendant to complete supervised conditions without a final conviction being entered (TX Code Crim Pro art 42A.101), and can later support a petition for nondisclosure (record sealing) if completed successfully.
Gather Evidence and Witnesses. If there's video evidence, your attorney will need to review it. Also, gather any other evidence or witnesses that might support her case. This could include character witnesses or any evidence that might contradict the theft accusation.
Discuss Plea Options. Your attorney will discuss the best plea options. Sometimes, negotiating a plea deal can result in reduced charges or penalties. However, this should be carefully considered with legal advice.
Stay Informed and Supportive. Keep in close contact with your attorney and stay informed about the case's progress. Provide emotional support to your daughter during this stressful time.

Please let me know if you have further questions.

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My 18 year old daughter has been arrested at school and taking to jail for theft. She's being accused of the theft of over $500 of a purse. They say they have her on video. She's never been in trouble before what should we do next? Does she plead not guilty or guilty or no contest how can we not have this on her record? We live in Texas.

Lexi, Chatbot

I'm sorry to hear about your daughter's situation; it must be very concerning for you. Can you tell me if she has already been formally charged with the theft?

I don't think she's seen a judge yet. This all just happened within the hour.

Lexi, Chatbot

Has she had a chance to speak with a lawyer or receive any legal advice since her arrest?

Not yet.

Lexi, Chatbot

Is there anything else the Criminal Lawyer should know before I connect you? Rest assured they'll be able to help with your daughter's theft charge.

No.

Andres Sanchez

Hey there! Welcome to AskaLawyer. I'm Andres Sanchez, an attorney with many years of experience. I understand your 18-year-old daughter has been arrested for theft at school, accused of stealing a purse worth over $500. Have you considered any legal steps or protections regarding this matter?

No we have not.

Andres Sanchez

Has your daughter been given any paperwork or documents related to her arrest or charges? This could include a citation or any other legal documents.

Class B Misdemeanor they said. The school police officer said.

Andres Sanchez

Got it, thanks for sharing that. Has your daughter been given a court date yet, or any information about when she needs to appear in court?

She hasn't seen the judge yet. She was just taken in.

Andres Sanchez

Based on your situation, there are several legal considerations and concepts in Texas that could potentially support your case:

Class B Misdemeanor: In Texas, a Class B misdemeanor is a criminal offense that can result in up to 180 days in jail and/or a fine of up to $2,000. Theft of property valued between $100 and $750 falls under this category.

First-Time Offender: Since your daughter has never been in trouble before, she may be eligible for certain programs or considerations as a first-time offender, which could potentially lead to reduced penalties or alternative sentencing options.

Video Evidence: The mention of video evidence is crucial. It can be used to either support or refute the charges, depending on what the footage shows. The quality and clarity of the video, as well as the context, will be important factors.

Legal Representation: Having a lawyer can help navigate the complexities of the legal system, especially in understanding the charges, potential defenses, and the implications of different pleas.

Let me know if you have any questions or clarifications, if not I'll move forward with guidance.

Let move forward to the guidance. What should we do next?

Andres Sanchez

Here's what you can do next to help your daughter:

Contact a Criminal Defense Attorney. It's crucial to have a lawyer who specializes in criminal defense, especially for a Class B misdemeanor. They can provide specific advice tailored to your daughter's case and represent her in court. Look for someone with experience in juvenile cases if possible.
Understand the Charges. Make sure you fully understand the nature of the charges against your daughter. A Class B misdemeanor in Texas can lead to up to 180 days in jail and/or a fine of up to $2,000 (TX Penal Code § 12.22). Knowing the potential consequences will help you and your lawyer plan the best defense strategy.
Prepare for the Court Appearance. Once a court date is set, ensure your daughter is prepared. This includes understanding the charges, knowing what to expect in court, and discussing possible pleas with her attorney. Pleading not guilty, guilty, or no contest each have different implications, so it's important to choose wisely.
Consider Pre-Trial Diversion Programs. Since this is her first offense, she might be eligible for a pre-trial diversion program. In Texas, first-time offenders can sometimes qualify for deferred adjudication community supervision under the Code of Criminal Procedure, which allows a defendant to complete supervised conditions without a final conviction being entered (TX Code Crim Pro art 42A.101), and can later support a petition for nondisclosure (record sealing) if completed successfully.
Gather Evidence and Witnesses. If there's video evidence, your attorney will need to review it. Also, gather any other evidence or witnesses that might support her case. This could include character witnesses or any evidence that might contradict the theft accusation.
Discuss Plea Options. Your attorney will discuss the best plea options. Sometimes, negotiating a plea deal can result in reduced charges or penalties. However, this should be carefully considered with legal advice.
Stay Informed and Supportive. Keep in close contact with your attorney and stay informed about the case's progress. Provide emotional support to your daughter during this stressful time.

Please let me know if you have further questions.

Andres Sanchez

24,857 satisfied customers

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