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  1. #1
    Join Date
    Feb 2005
    Location
    Texas
    Posts
    4

    Default Alleged Felony in Texas 1st Offense

    I am under investigation for "felony theft". My fomer employer had offered financial help and I took it the form of paychecks, deducting taxes as opposed to advances which I think are "muddy" and sometimes get lost or unpaid. According to the Texas Ranger this was illegal, something I did not know at the time. I gave a statement to a Texas Ranger after going through 3 hours of interrogation and I finally gave in and said what he wanted to hear, it was 9 PM and I wanted to go home.
    He is calling now to say he needs to add some things or some things are missing from my statment. I have just recently gone bankrupt and can't afford an attorney and do not want to talk to this man alone again. Do I have to be charged in order to get a public defender or can I call the DA and request one now before I talk to Ranger again or should I talk to him at all? He has made it clear that if I do not cooperate he can have the "screws" put to me.

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default Re: Alleged Felony in Texas 1st Offense

    Quote Quoting Diette
    I have just recently gone bankrupt and can't afford an attorney and do not want to talk to this man alone again.
    It is your legal right to decline to talk to the police.

    Quote Quoting Diette
    Do I have to be charged in order to get a public defender or can I call the DA and request one now before I talk to Ranger again or should I talk to him at all?
    You have to be charged. Further, it is not the DA who would appoint your defense attorney. The appointment is made by the court.

    Quote Quoting Diette
    He has made it clear that if I do not cooperate he can have the "screws" put to me.
    He wants to speak to you to fill in some gaps in his complaint before he turns it over to a prosecutor. I wouldn't talk to him if it were me - I would probably tell a little white lie like, "I consulted a lawyer, and he says I shouldn't talk to you."

  3. #3
    Join Date
    Feb 2005
    Location
    Texas
    Posts
    4

    Default

    I received notification this morning that my case will be presented to Grand Jury tomorow. Do I have a right to be there? If I am indicted what happens next and at what point would the court appoint a public defender?
    This is a small community and the few public defenders we have are affiliated with my former employer so will the court find that out when they appoint one and then go to surrounding towns to find a public defender who is not associated?
    I appreciate your help and advice very much. And may I add that I am not guilty?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Texas Grand Jury Proceedings

    Quote Quoting Diette
    I received notification this morning that my case will be presented to Grand Jury tomorow. Do I have a right to be there?
    You can read the rules of procedure for Texas grand juries here.
    Quote Quoting Art 20.011
    Who may be present in grand jury room

    (a) Only the following persons may be present in a grand jury room
    while the grand jury is conducting proceedings:

    (1) grand jurors;

    (2) bailiffs;

    (3) the attorney representing the state;

    (4) witnesses while being examined or when necessary to assist the
    attorney representing the state in examining other witnesses or
    presenting evidence to the grand jury;

    (5) interpreters, if necessary; and

    (6) a stenographer or person operating an electronic recording
    device, as provided by Article 20.012.

    (b) Only a grand juror may be in a grand jury room while the grand
    jury is deliberating.
    Quote Quoting Diette
    If I am indicted what happens next and at what point would the court appoint a public defender?
    To know what is likely to happen after an indictment, I suggest you consult a local criminal defense lawyer. Depending upon the charge and circumstances, if you are indicted, you might be invited to turn yourself in, or you might be the subject of an arrest warrant. You would ultimately have to petition for a public defender, once you are summoned to court.

    Quote Quoting Diette
    This is a small community and the few public defenders we have are affiliated with my former employer so will the court find that out when they appoint one and then go to surrounding towns to find a public defender who is not associated?
    If the local public defenders office (or all local appointed counsel) have a conflict of interest due to affiliation with your former employer, and if you otherwise qualify for a public defender, the court should have a procedure in place by which to appoint an attorney on your behalf - whether a different local attorney, or at attorney from outside of the immediate area.

  5. #5
    Join Date
    Feb 2005
    Location
    Texas
    Posts
    4

    Default

    Also, I have no previous criminal history. The only law have have ever broken resulted in a speeding ticket. I have been a productive, hard working citizen in this community for 30 years.

    Is there any chance if convicted I could just get probation?
    I think it would be considered a fourth degree felony.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    Quote Quoting Diette
    Is there any chance if convicted I could just get probation?
    I think it would be considered a fourth degree felony.
    That's a question best answered by a local criminal defense lawyer, and one that is pretty much impossible to answer without knowing the charge. Most first offense crimes can result in sentences of probation; but depending upon the law and applicable sentencing guidelines, some may not.

  7. #7
    Join Date
    Feb 2005
    Location
    Texas
    Posts
    4

    Default

    Thank you very much for your time. I really appreciate this forum.

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