Theft Under $50 in Houston, Texas

Ok...well me and two other friends took out some stuff that cost around 49.98....we knew the clerk (friend) and she scanned the items to take off the scanner so it wouldn't beep on the way out, we left and was at my friends house. She later called saying that her manager in plain clothes saw the whole thing and said to come back with the stuff....I did/ with the other two and we were banned....the police came and gave us a ticket. Class C misdeamenor....

my court date is coming up and i don't know what i should do?



i've asked a couple of attorney over the phone, and they tell me that i don't even have to show up to court and that they would try and get it dismissed....but i've read on her that an attorney isn't a good idea?

but i don't know

any help would be appreaciated.

I would definately get a lawyer or a pd at your arraignment(your up comming court date). Is this your first offense and are you a minor or adult? And what did your friend that works there get?

I'm 18. and i have no idea what she got. i know she was fired, that's it and this is my first offense

did you admit anything to the cops, substantial eveidence like any written statements? IF you remained silent which I should have done in my case, then the prosecution will have to dig for more evidence against you. If you did confess then the DA may dismiss the charges bc of the amount and that they have other things to deal with but more than likely not( i think texas is a little bit harsher on their prosecutions) or they may pursue, which if it was your first offense they may just give you a deferred judgement which may include: taking some classes, probation, community service, pay fines, restitution, civil demands, which may lead to a dismissal of charges after that is all said and done granted that you will have to stay outta trouble for the rest of your probation and thereafter.

no i didn't confess to the Police officers or anything. the mall security made us sign a paper banning us for a year, which had theft under reason.......but the officers only came in and gave us a ticket....do u still recommened i get a lawyer

yes because the cops were still involved...thus there is an arrest even if it may just look like a citation. If you get an attorney before and not wait for a pd, then you can try to get the charges reduced to a infraction or a lesser crime before the arraignment takes place. Like right now, my attorney presented the DA handling my case with a plea that I would plead guilty to a lesser crime and that i will not have any probation, pay a fine of no more than $500, and take corrections classes with deffered entry of judgement in which after completion of the course, the charge is dismissed. The DA accepted the offer and is just doing a background check on me to make sure I have no prior run-ins. Oh and having an attorney before hand can try to get a specific DA to look at the case that they know is a little bit more understanding of things(which mine did). So i say get an attorney if you have a little bit of time, but if your court date is approaching you may just want to take a pd and plead not guilty. Then you will have a pretrial hearing, which most plea bargains take place.

well the lawyer i last contacted was a former prosecutor and said that she would go to court and plea not guilty and that i'd have another date....but i don't know..... i just don't want this on my record....

This will be on your record because you now havan arrest. That's what my lawyer told me that too initially, but you have to realize that a petty theft, is not a high priority for prosecutors, so when you have an attorney that will force them to try to build up a case over a misdemeanor they will take a plea or offer one. Trials take up hundreds of thousands of dollars...which they would much rather spend on a more serious crime. Like I said you'll probably get a deferred judgement/adjuctation which you plead guilty or no contest to the charges an the prosecution will dismiss the charges after you have met all the stipulations of your agreement. So you will be able to say no to any convitions or yes-convition dismissed, unless trying to get a state occupational license where is generally must be disclosed. And on your record while on a deferred judgement with the department of justice/FBI it will show your arrest, charges and court dispostition which might say diversion or deferred.

but i was never arrested....but ok well i see what you're saying. so in order to get a license to practice medicine my record was to be sealed? or expunged?

well like i said you probably will have a deferred judgement, which you follow the stipulations(plead guilty/no contest) and follow the terms and the charges will later be dismissed. You may want to talk to your friends to see if they have lawyers or have talked to the police/DA since then...because they may inadvertently give the DA info to prosecute you. Since there is more than one person, the DA tends to give different sentencing and plea offers to people. You might get deferred judgement but they may get a infraction. But don't get too bent all out of shape, the DA will give you a plea bargain or diversion because the DA would rather spend time prosecuting the more serious crimes, than something as petty as this can be. Like my charge for misdemeanor embezzlement by employee will be dropped to a petty theft...so if yours is just petty theft...then you can assume a even better outcome.

well one got a lawyer and they are going to court for him, the other one is going with the lawyer i'm going with....and they haven't talked to anyone.....as for the girl who knows....but thanks for the help.....

the citaion is an arrest...thats what happened to me, i was just given a notice to appear in court(like yours). Even if you get the information sealed or expunged the state licensing agent will get the info from the DOJ/FBI and will show you have a record regardless and will report it. You can get a copy of your rap sheet from the DOJ so you will not purge yourself while applying for say a medical license. It will be tough, because this crime is a crime of moral turptitude, so it looks bad eitherway, but granted when you apply you stay 100 percent outta trouble and enough time has lapsed, then its not as bad. Like for me I know im gonna have to fight to get my RCP license because mine involves moral turpitude and will be less than 2 years old by the time I apply.

Yeah well that's what i plan to do. and well that suck for you. lets say it gets dismissed....will it affect?

if the prosecution dismisses it right at arraignment, before you you even have a chance of saying guilty or not guilty, then no effect. Because then its not you making any plea bargains that would be entered with the court, it would be dismissed by the prosecution and filed that way. Here's a application for an surgical assistant license application:
http://www.tmb.state.tx.us/professio...rms/FORM_B.pdf
You would have to say "yes" because you were still arrested, and give all certified court documents along with it.

well that's good to know.

Does anyone else have any other advice?