First Offense Theft, Stealing from Work

My question involves criminal law for the state of: Texas

My friend got caught stealing $60 today at her job. She was taken in for investigation at her job. She admit to it and they brought in a cop. She stated that they got her ID. She sign paperwork for suspension from her job which she will be called in for a meeting for the final outcome. She banned from her job until a year has gone by and she can contact them again to see she can be mot longer banned. She feel really bad about it and regrets it. The cop gave her a yellow slip to appear in court in 17days. She wasnt arrested. She very nerovus and worries what will happen know. She was told that they didn't that she wont know if she will be fired. That HR has the final say. The cop told he that if they call her that she will be dismissed from court? Do they really do that? Im new tp this forum and she wants some advice. This is her first offense for theft under $100. She is 23 years old and in college. Good grades.

1. will she go to jail?
2. will this be on her criminal record
3. could this be dismissed?
4.Does she need a laywer
5. What does she plead? she heard that she should plead guilty to make things easier but it will stay on criminal record
6. Does she need to show up for her suspension, or just flat out quit at this point from her job?

Quote:

---

will she go to jail?

---

Most likely the "yellow slip" is a Class C misdemeanor citation. There's no jail time just a $500 fine (plus costs).

Quote:

---

will this be on her criminal record

---

Well, technically it already is, but it only has serious implications for her when she is convicted.

Quote:

---

could this be dismissed?

---

Outright? Unlikely. However, Texas courts have the option of providing a deferred adjudication which puts the case on hold for a period of time (6 mos-year) and if she keeps out of trouble for that long, the charges will be dismissed. However, violating has serious implications (and she can go to jail for that).

Quote:

---

Does she need a laywer

---

One would be advisable if she has to ask these questions. Note, she'll have to pay for it. Absent jail time, class C charges do not entitle you to a PD if you are indigent.

Quote:

---

What does she plead? she heard that she should plead guilty to make things easier but it will stay on criminal record

---

This is why she needs a lawyer. NEVER plead anything other than not guilty unless you have legal counsel as to the implications of doing otherwise.
When the cop says "it will be easier" they mean it will be easier for them. Plead guilty, you'll be found guilty, and you'll have a criminal record of a crime of moral turpitude which can have serious implications trying to get a job.

Quote:

---

Does she need to show up for her suspension, or just flat out quit at this point from her job?

---

That's up to her. Nobody is going to MAKE her do anything. Chances are it's not going to make a difference one way or another. She quits or is fired for cause, she is ineligible for UI. The best thing that can happen is that they agree not to tell any future employers who come inquiring that she's a untrustworthy thief.

1. will she go to jail?
It depends. They may do a Class C Misdemeanor, which would mean she'd pay a fine. However, they could also do a Class B Misdemeanor since the amount is over $50, which could mean jail time, a fine, or both.

2. will this be on her criminal record
It depends on whether she gets charged for it. She already admitted to it though, so yeah, more than likely it will.

3. could this be dismissed?
No. They've already scheduled a court date, so it's unlikely it'll be dismissed.

4.Does she need a laywer
Yes. Tell her to call a lawyer. They will be the only ones who can potentially handle this situation with the best case scenario.

5. What does she plead? she heard that she should plead guilty to make things easier but it will stay on criminal record
She needs to call a lawyer. They may tell her it'll be easier on her, but they're doing that to trick her. That's how they work. They want a confession. Call. A. Lawyer.

6. Does she need to show up for her suspension, or just flat out quit at this point from her job?
I would almost 99.9% guarantee she will be fired. If she's been banned from the location, there is no way she will keep her job and be banned from the area. They're only telling her they can't tell her for sure to avoid any legal/HR issues.