Caught Stealing From Somebody's Wallet

[scaredtexan]

My question involves criminal law for the state of: Texas

I have a class b misdemeanor in Texas and I have my arraignment in a couple days. I stole $40 from a wallet but I am being accused of stealing $142 from the wallet. I know what my max sentence could be but I'm wondering from the experience of others what they have to offer. This is my first offense, otherwise I have a spotless record. What is more than likely going to happen to me? I have kids so I'm absolutely terrified. Please, I don't need the mean and rude comments. I know I messed up big time and my stress level has been through the roof over this. I just need opinions from experience.

My lawyer is not helping me at all. In 3 months I've talked to her twice. She won't return my calls or tell me anything.

[flyingron]

What happen is that you could go to jail. You will end up with a life time criminal record. Probation is likely.
$40 or $140 the charge is the same in Texas.

Your best bet (other than being found innocent) is to see if your attorney can get your charge reduced to class C ($20 is the threshold here) and a deferral which MIGHT allow you to escape the criminal record.

[scaredtexan]

What happen is that you could go to jail. You will end up with a life time criminal record. Probation is likely.
$40 or $140 the charge is the same in Texas.

Actually they are not the same which is why I am wanting advice. $40 is a Class C Misdemeanor with a max of only a fine whereas $142 is a Class B Misdemeanor with a max of a fine AND/OR jail time. Big difference...in no way are they the same.

[brownj12]

What happen is that you could go to jail. You will end up with a life time criminal record. Probation is likely.
$40 or $140 the charge is the same in Texas.

Your best bet (other than being found innocent) is to see if your attorney can get your charge reduced to class C ($20 is the threshold here) and a deferral which MIGHT allow you to escape the criminal record.

It appears that the $20 threshold only applies to theft by check, otherwise it is $50.

[flyingron]

I stand corrected on the threshold. However the rest of the advice stands. Your best bet is to get the charge to the class C and see if you can get a diversion.

[Mr. Knowitall]

... Or a deferral. Even if you can't get the charged reduced, successfully completing a deferral will set you up for having your record sealed following a waiting period; if you get the charge reduced to Class C and then deferred, you'll be eligible for expunction immediately upon successfully completing the deferral.