First Offense of a Class B Misdemeanor in Montgomery County Texas
My question involves criminal law for the state of: TEXAS...
I am a 34 yr old woman and embarrassed (as I should be) for shoplifting. I had a career and was furloughed a few months ago without being able to find a job. I have had two deaths in my family within the past few months and my fiancees' been very depressed after his father passed from alzheimers. I live in California but have been visiting my fiancee quite a bit in Texas trying to deal with both our losses and no job or income. I help take care of my grandma in California and have been going back and forth to be there for my fiancee in Texas and my grandma in California all without a job.
I think the amount of pressure got to me and simply made me very lost and depressed...I did something very stupid and yes, shoplifted from macys. They made me sign something thinking I had to sign it...and also sent me to jail..I was arrested and it was my first time ever. I have a court date scheduled 3 months from now. I have practically no money and I'm so scared I will go to jail. I was told not to plead guilty and to plead no contest? The store wants to charge me a lot of money for the civil part and said they will sue me if I dont pay it in 14 days. People in jail said not to pay the civil part because I returned all the items and they cant sue me if I plead no contest...but they made me sign something...it's not that I'm trying to not pay, it's that I don't have the money.
Since it's my first offense, will I be going to jail? I know I've had a lot to deal with although there is NO excuse for shoplifting...and the Lord knows, I have learned my lesson jail time or no jail time. I have been beating myself up not because I got caught...but because I just feel so ashamed. I am not sure where to go from here...any advice for my personal situation?
Re: First Offense of a Class B Misdemeanor in Montgomery County Texas
If you cannot pay the civil demand all at once, make payment arrangements.
As for your court date, plead Not Guilty and ask for a Public Defender. DO NOT plead No Contest, DO NOT plead Guilty. No Contest means that you'll accept whatever the court wants to do with you, and renders you ineligible for any sort of plea agreement.
With the help of the PD, you may be able to get into a diversion program, which entails paying fines, attending a shoplifting prevention class, and probation. Successful completion of a diversion program usually results in a clean record.
Jail is quite unlikely for a first offender.
Re: First Offense of a Class B Misdemeanor in Montgomery County Texas
I have an appointment with an attorney tomorrow with free consultation...should I find my own attorney? can I hire a public defender way in advance of my court date which is in 3 months? I still have to pay a public defender, right? thanks for responding...I have never ever been in trouble before and I really am so scared!
Re: First Offense of a Class B Misdemeanor in Montgomery County Texas
I'm so confused...one attorney says to pay the civil demand fees in texas here and the other says don't! Because they will make you pay it anyways in court on top of what you payed the store which is called restitution...i dont know what to think...my first offense...I mean am I really going to jail? I lost 2 people in my family...one only a week ago...and lost my job...I only did this to myself...but I just need help...I have never ever stolen anything from anyone before...someone...please help...my court date isnt till...Sept..almost 3 mo. from now...going crazy...