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  1. #1
    Join Date
    Apr 2007
    Posts
    13

    Default Class B Misdemeanor In Texas, First Offense

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

    Hello all,

    I was recently caught shoplifting merchandise totalling approximately 105$. I was charged with a Class B Misdemeanor, and am set to appear in court sometime in early June. This is my first offense - I have an otherwise clean record.

    Due to financial circumstances, I am unable to afford an attorney; I plan on going the state-sponsored route (if any of you know of any good, cheap attorneys in the Austin area, do let me know!). I have questions concerning exactly what I can and can't do with this charge. After reading through some other posts, I've heard things mentioned like "deferred adjudication." I've read up on this, but am still a little hazy as to what it exactly means. To be honest, it's kind of frightening to be facing the entirety of the law without an attorney, but I don't really know what else to do.

    I'm concerned about what's going to happen in my case, and whether or not I will receive jail time. As I stated, I have a clean record, and this is my first (and last!) arrest. After I was stopped in the store, I had to sign a sheet of paper stating that I tried to shoplift from them - at the time I felt like it was a bad idea, and the store made it clear that they had evidence proving that I did it regardless of whether or not I signed the sheet of paper. I understand that none of you are my attorney, and so I don't want to place an undue burden on any of you, but any information would be greatly appreciated. I know things like this can't be "swept under the rug," but surely there must be something that can lessen the severity of whatever charges I might receive, and possibly lead to an expulsion of my record in the future. Right...?

    Thanks in advance!

  2. #2
    panther10758 Guest

    Default Re: Class B Misdemeanor, Texas, 1st Offense

    Jail on a 1st offense at that dollar value is very unlikely. Ask your court appointed Attorney about options like Diversion

  3. #3
    Join Date
    Apr 2007
    Posts
    13

    Default Re: Class B Misdemeanor, Texas, 1st Offense

    Panther:

    Thank you for your response. I haven't had a chance to get in touch with the appropriate persons regarding my court-appointed lawyer, but I do recall one of the officials (a cop, judge... someone - I forget who exactly) telling me that I would have to wait until closer to the court date (perhaps the actual day OF court?) before I could show the folks my papers that document how I need a court-appointed lawyer (I'm guessing they'll just need bank statements; something to show I'm broke). As such, I don't know how to get in touch with the person until the day of.

    Also, it seems that the widely held belief is that court-appointed lawyers aren't as "good" as private attorneys - generally speaking, would you say there's any truth in this statement?

    Again, thanks for any (and all!) responses.

  4. #4
    panther10758 Guest

    Default Re: Class B Misdemeanor In Texas, First Offense

    Like private Attorneys there are both good and bad. If you cannot afford an Attorney then you will require a Public defender. On your next court appearence do not enter a plea and ask the judge for a Public defender. The judge will instruct you on what to do next and continue your case

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Class B Misdemeanor In Texas, First Offense

    You will, in addition to your criminal trial, be receiving a civil demand from the retailer in the amount up to several hundred dollars.

    I recommend paying it or being brought to court on civil charges... and there aren't public defenders available for those.

  6. #6
    Join Date
    Apr 2007
    Posts
    13

    Default Re: Class B Misdemeanor In Texas, First Offense

    Panther:

    Again, thank you for your response. However, I'm a bit confused as to what you're saying - I was under the impression that my next appearance in court (i.e., my first appearance after being released out on bond) is when I would be accompanied by a court-appointed attorney. However, you state that I should not enter a plea, and instead ask for a public defender (which I'm assuming is just another term for court-appointed attorney; please correct me if I'm mistaken). Firstly, is entering a plea just another way of saying pleading guilty/not-guilty? Secondly, from what you said it seems like I would be alone in court until I requested the public defender - I was under the impression that the entire point of public defenders was so that people wouldn't have to appear in court without a lawyer unless they chose to do so.

    I plan on contacting some lawyers within the next few days; from what I've been told from friends who have gone through the court process, it's common for these lawyers to grant brief interviews and tell me what they might be able to do for me and how much it's going to cost. Assuming that's how it works, would it not just be possible for me to go into a brief session, hear what possible things the attorneys COULD do, and then take that information and relay it to my court-appointed attorney? I'm guessing that the real difference between court-appointed/independent isn't so much is how they'll approach your case as much as the actual skills of the attorney him/herself.

    I still have some questions regarding what possible avenues of defense I can pursue - is deferred adjudication considered an admission of guilt? What exactly is the difference between pleading no contest, and pleading guilty? I understand that there plea bargins can feature prominently in most cases, but are these only made available during the actual trial itself?

    Cyjeff: I certainly don't plan on avoiding any further fees. I made it a point to be as pleasant/agreeable as possible with the store security employees (which is information they themselves passed onto the cops), so hopefully that might have some bearing on how much the fee will end up being. Whatever the case, it'll get paid.

    Thanks!

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