Shoplifting at Walmart - Arraignment

My question involves criminal law for the state of: Texas.

I have heard so many different stories about this, just from reading the threads here and from talking to others in the same situation.

I was caught shoplifting at Walmart. It is my very first offense and has been classified as Theft Misdemeanor B. I cooperated and spent a night in jail until my parents could post my bail and pick me up (I'm 20).

What the arresting officers told me:
I can ask for deferred ajudification at my arraignment, be good for six months or so, and this will be erased from my records. Researching here and on other Texas law websites, I found this is not completely true. From this forum, I gathered that my record will be sealed but not entirely expunged. But reading other websites, I can petition to have it expunged. How likely is that to happen?

I want to gather as much information as I can as well as verify a couple of things:
1. I should plead not guilty even though I kept apologizing when LP caught me. I heard, though, that I will get the max sentence should I plead not guilty and am found guilty.
2. At the time of arrest, I was carrying enough cash on me to have paid for the items I stole. What does this do to my case?
3. I have started looking for criminal defense attorneys and have asked for a free consultation with one.
4. I do not see how I can get off this charge to be honest. If I can, that would be great and a definite lesson learned on my part. But my main concern at this point is getting the record either sealed from the public or completely expunged. What are my chances for either?
5. Also, can I get more information about diversions and whether or not they are offered in Texas?

Any help would be greatly appreciated.

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Quoting wumb

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1. I should plead not guilty even though I kept apologizing when LP caught me. I heard, though, that I will get the max sentence should I plead not guilty and am found guilty.

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That is incorrect. You should plead not guilty to avoid immediately going into the sentencing stage and/or to ask to be represented by counsel.

That plea will not mandate any sentence.

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2. At the time of arrest, I was carrying enough cash on me to have paid for the items I stole. What does this do to my case?

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It just proves you are an idiot... it shouldn't impact your case.

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3. I have started looking for criminal defense attorneys and have asked for a free consultation with one.

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Not a question.

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4. I do not see how I can get off this charge to be honest. If I can, that would be great and a definite lesson learned on my part. But my main concern at this point is getting the record either sealed from the public or completely expunged. What are my chances for either?

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If the record is sealed, it will be sealed from most investigations. It may not be sealed from certain, very specific, investigations such as those from a court (for your next charge) or for some security clearances and the like.

The exact nature of the outcome is something best discussed with your lawyer.

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5. Also, can I get more information about diversions and whether or not they are offered in Texas?

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Talk to your attorney.

Also wondering: will I lose my job? I'm working part-time in a lab just as an intern. Will they be contacted?

How long are legal proceedings usually dragged out for if I want this expunged/sealed/any other legal way of having this "erased"? I would like to put this behind me as quickly as I can and rebuild my life.

In my case (in Michigan), I retained a lawyer. That made it one quick visit to the courthouse and done with.

For information in your area, look up the courthouse in your area that will handle your case, their website may tell you the entire process.

As for how long it takes, that really depends on a lot of factors including the caseload of the courthouse. It could take a month or more.

As for your job - it depends on if they do a Criminal Background Check on you, and the company's policy.

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Quoting PandorasBox

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In my case (in Michigan), I retained a lawyer. That made it one quick visit to the courthouse and done with.

For information in your area, look up the courthouse in your area that will handle your case, their website may tell you the entire process.

As for how long it takes, that really depends on a lot of factors including the caseload of the courthouse. It could take a month or more.

As for your job - it depends on if they do a Criminal Background Check on you, and the company's policy.

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How was yours done with in one visit to the courthouse? Were you able to get your case expunged/sealed?

I would be more than happy with one month. I thought I was looking at three or four months (if I do not take deferred ajudification).

The company did a criminal background check on me prior to being employed. But I'm not sure what their policy is for an arrest made while being employed.

Hired lawyer. Lawyer made deal with Prosecutor. Just had to go to court, plea guilty to the lesser charge (Disorderly Person), pay the court costs and fine. I'd already paid the Civil Demand, which the payment was shown to the judge also.

So just one visit to the courthouse, instead of 1 each for Arraignment, Trial, Sentencing (I think there is one more in there).

Also did have to go to the State Police Post for fingerprinting and mugshot.

As I was 36, it cannot be expunged for atleast 5 years.

If I were you, I would ask a lawyer during the consultation about getting deferred.

How much should I be expecting to pay for legal fees (ie court fees and lawyer fees)?

I can't seem to edit, so I have to post another question.

What about the civil demand? I never signed a paper with an itemized list of what I stole, I never had my photo taken, I never signed or wrote a statement. Will Walmart still send me a civil demand notification? And if so, am I legally obligated to pay it?

Police were involved, I would expect that a letter for a Civil Demand is likely. Yes, pay it. If you don't, it can have consequences like you being sued in court (and paying their attorney fees). It can affect your credit history. And yes, the judge likes to see you have paid it.
Depending on state, it can be from $100+. Mine was $250. Others are higher. It depends on your states laws.

Keep that appointment with the lawyer, ask these same questions - he/she will best be able to answer them.

A civil demand is as sure as the sun rising tomorrow.

Thank you both very much for your responses.

I spoke to a lawyer just now who told me I would very likely qualify for a pretrial diversion and an expungence due to my academics. Could I get more information about the pretrial diversion? How likely is it that I can get it (what do they look for)? Also, the lawyer will charge $2500 for everything excluding the expunge process. Is that fair/reasonable?

An update on my situation: I was given one-year pre-trial diversion. I thought this only meant that I would do a few community hours and stay out of trouble for a year, but it's much more complicated: I have to report to a probation officer (even though this isn't technically a probation) and submit to urine tests.

I know deferred adjudications are allowed to apply for an early termination, but does that apply to pre-trial diversions as well?