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  1. #1
    Join Date
    Feb 2011
    Posts
    2

    Default Second Offense Shoplifting; Class C with Pending Charges in Another County

    My question involves criminal law for the state of: Texas

    In early December I was caught shoplifting in a dept store (class B misdemeanor). I was arrested and taken to jail. My parents got an attorney shortly after and I was in the process of going through pre-trial diversion. I'm a college student so I am currently at school in another city. Just yesterday I got caught for shoplifting again at Walmart . It was $15 worth of food. I was detained and the police were called but they didnt show so I was released and told that I would get my papers in the mail. As this is my second offense I have a few questions.

    1. Will this new offense impact my pre-trial diversion program application?
    2. How will my 2nd offense be viewed?
    3. Am I looking at jail time? And if not is there any way I could avoid this going on my record?
    4. If i hire a good lawyer can the charges be dropped or dismissed?
    5. Since these offenses happened in 2 different cities/counties will they find out about eachother?

    *any answers would be helpful. i would also appreciate civil and informative comments. it was a stupid thing to do and i am already beating myself up for it. no need to be rude or mean. Thanks.

  2. #2

    Default Re: Second Offense; Class C with Pending Charges in Another County

    Committing the same crime when you haven't even been to court for the first one yet is just about guaranteed to shoot any pre-trial diversion possibilities right out of the water. Yes, the different agencies will know about the crimes in the other jurisdiction. Yes, you're probably looking at jail time, but just as likely that a good defense attorney who offers a lot of your time in community service could aleviate actual time behind bars. Dropped or dismissed I wouldn't count on unless the cases themselves just happen to be independently weak. On the civil side, you can expect a hefty bill from each of the stores to compensate them for the time and effort to have their employees involved in the matter.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Second Offense; Class C with Pending Charges in Another County

    Hope you college major was criminal justice ... just think of it as a field trip.

  4. #4
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Second Offense; Class C with Pending Charges in Another County

    You are going to want to let your lawyer know about this additional charge asap.

    Diversion programs....forget it.

    Your parents will be paying even more in attorney fees for you, now that you have a second charge in another jurisdiction. in fact, if your parents are paying for all your mistakes, you have cost them atleast $4000 already.

    As for college...this is the time to start re-exploring your college plans. Because two shoplifting charges....all at once....that will be taken into consideration by any potential employers, even 4 years from now. As it stands right now, you won't even be getting a minimum wage job at McDonald's.

  5. #5
    Join Date
    Feb 2011
    Posts
    2

    Default Re: Second Offense; Class C with Pending Charges in Another County

    Quote Quoting PandorasBox
    View Post
    You are going to want to let your lawyer know about this additional charge asap.
    I have already contacted him. Due to the fact that no charges have been filed yet I have to wait and see.

    Quote Quoting PandorasBox
    View Post
    Diversion programs....forget it.
    Ive talked to SEVERAL lawyers in the past 24 Hrs and most of them have informed me that it could take several months for them to charge me with anything, and that i may have already completed the program by the time of my 2nd conviction.

    Quote Quoting PandorasBox
    View Post
    Your parents will be paying even more in attorney fees for you, now that you have a second charge in another jurisdiction. in fact, if your parents are paying for all your mistakes, you have cost them atleast $4000 already.
    I am well aware of how much this is costing my parents financially, and to be honest i stole out of hunger because I HAD NO MONEY to buy food. Im very upset and ashamed. No need to emphasize that.

    Quote Quoting PandorasBox
    View Post
    As for college...this is the time to start re-exploring your college plans. Because two shoplifting charges....all at once....that will be taken into consideration by any potential employers, even 4 years from now. As it stands right now, you won't even be getting a minimum wage job at McDonald's.
    Ohhhh ouch. That Mcdonalds comment really stung. -____-
    I just hope that my mistakes really wont impact my live severely. I fully understand the consequences and hopefully I can learn from my mistakes. I can honestly say if everything works out. I will NEVER steal again. EVER.

  6. #6
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Second Offense; Class C with Pending Charges in Another County

    Ok, so lets say you complete the Diversion Program for the 1st charge.

    Law Enforcement, The Prosecutor, The Judge in the 2nd case will still be able to see your prior charge. So if you get off with a Diversion on Charge #1...you are not going to be so lucky with Charge #2, the judge will take your prior offense into consideration when sentencing you.

    Read the stickied threads at the top of this forum. If your college career goal involves handling money or valuables, anything with a high level of trust (pharmaceuticals, even a nurse/doctor around a patient)...2 shoplifting charges is going to make finding a job very difficult.

  7. #7
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Second Offense; Class C with Pending Charges in Another County

    So your parents can afford an attorney to get you through this mess, correct? Why on earth did you not go to them for some monetary assistance before resorting to stealing food? Were both your shoplifting charges the result of food? If so, you should have discussed it with your folks and the second one never would have happened. Or were they already giving you money to help out and you were blowing it on something else?

  8. #8
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Second Offense; Class C with Pending Charges in Another County

    Not to rip on you, but offer some other suggestions:

    (1) College is obviously unaffordable for you, in the manner in which you are attending. How about reducing your course load, so you can also take a part or full time job? (if you can find one now, with 2 shoplifting charges). Many people do this.

    (2) Food Banks. Your college advisor may be able to offer suggestions, too.

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