Page 1 of 2 1 2 LastLast
Results 1 to 10 of 12

Hybrid View

  1. #1
    Join Date
    Mar 2006
    Location
    TX
    Posts
    5

    Default Shoplifting in Texas

    I was caught shoplifting $65 worth of stuff & was quite banged up by the LP guy at Sears. I went to jail & was released on bond. I am wondering do I need an attorney? This is my first offense, my first arrest & I have no idea what to expect or how to handle this.
    Thanks!

  2. #2
    Join Date
    Feb 2006
    Location
    CA
    Posts
    101

    Default

    Yes, a lawyer or a public defender will help a lot.

    If you can afford a lawyer, hire a lawyer.

  3. #3
    Join Date
    Mar 2006
    Location
    TX
    Posts
    5

    Default ?

    Will they automatically give me a public defender? I feel so stupid, 37 years old & arrested. I can't believe this. I don't want this on my record! Believe it or not, I am a PTA Mom. This will probably get me kicked out of there!

  4. #4
    Join Date
    Nov 2005
    Location
    Seattle, Wa.
    Posts
    529

    Default

    On your first court date you'll be given a chance to get a public defender if you qualify. If you have a job and make a reasonable wage, you'll have to get your own lawyer.

  5. #5
    Join Date
    Feb 2006
    Location
    CA
    Posts
    101

    Default

    If avoiding a conviction is very important to you, you should retain a lawyer. The advantage is you could start working with your lawyer well before the arraignment. Your lawyer could request the police report beforehand and you could sit down with him to see what options you have. This helps you relax a little as well knowing someone is helping you.

    moviejim

  6. #6
    Join Date
    Mar 2006
    Location
    TX
    Posts
    5

    Default hmmm

    Well I know I make too much for a PD, and from what I am hearing, it's worth the extra money to hire a lawyer. I have a consult with one tomorrow. I talked to one on the ohone today & they said if Sears sent me a letter requesting money...to ignore it because it would be like saying I was guilty.
    Thanks for all the help!

  7. #7
    Join Date
    Feb 2006
    Location
    CA
    Posts
    101

    Default

    Explore the pre-trial diversion program option with your lawyer. If one is available and you qualify for it, you can avoid a conviction altogether.

  8. #8
    Join Date
    Dec 2005
    Location
    San Antonio, TX
    Posts
    121

    Default

    I could be very wrong about this, but I believe what PaulE said about having to qualify for a public defender is false, at least in Texas. I do live in Texas so I am a little more familiar with Texas law than other states. I have never heard of a case where someone has not "qualified" for a lawyer. To have qualifications for a public defender sounds VERY unconstitutional, so I cannot imagine that being so. The only qualifications that I know of in Texas for a public defender are that the offense has to be punishable by jail time (including probation). In Texas, $65 theft is a class B misdemeanor which is punishable by jail time, so you qualify for a public defender. You should not have to meet any financial qualifications. However, your best bet is to hire a lawyer because generally they are better lawyers or at least they have more time to take with your case. It sounds like you resisted when the LP tried to stop you, so I would assume this makes your case even harder on you, thus making you need a hired lawyer even more.

  9. #9
    Join Date
    Dec 2005
    Location
    San Antonio, TX
    Posts
    121

    Default

    Another thing, i see where the lawyer is going when he told you to not pay the civil demand that SEARS WILL send you. This could possibly make you seem guilty if you're going plead not guilty. However, if the charges are dropped, or if you're found guilty you would want to pay the civil demand. They can and may add the civil demand to your credit, or take you to court and press further charges on you. If the charges are dropped this doesn't necessarily mean you're innocent just that they decided not to charge you, thus you need to pay the civil demand. And, obviously if you're found guilty you should pay the civil demand. Just something to think about: If you want to take the chances and not pay the civil demand that's you're choice...Also, I hope that you have some remorse for what you did and that you're not trying to get information on this board just so you can get off easy, I don't believe that's what this board is, but unfortunately with the justice system the way it is, even if you're as guilty as can be you can get off very easily. Consulting a lawyer was a good decision!

  10. #10
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default

    It is constitutional to deny somebody an appointed lawyer or public defender if they have the means to hire their own private lawyer. Some jurisdictions are more relaxed than others when it comes to restricting appointment of lawyers based upon financial means.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Retail Fraud / Shoplifting: Shoplifting in Texas
    By agerdes in forum Criminal Charges
    Replies: 1
    Last Post: 03-03-2009, 03:45 PM
  2. Retail Fraud / Shoplifting: Shoplifting at Fry's in Texas
    By wolf1977 in forum Criminal Charges
    Replies: 7
    Last Post: 02-09-2009, 11:31 AM
  3. Retail Fraud / Shoplifting: Shoplifting In Texas
    By tony123 in forum Criminal Charges
    Replies: 9
    Last Post: 02-22-2008, 09:13 PM
  4. Retail Fraud / Shoplifting: Shoplifting at H.E.B. Texas
    By Eddie2005 in forum Criminal Charges
    Replies: 1
    Last Post: 12-03-2006, 07:54 PM
  5. Retail Fraud / Shoplifting: Shoplifting in Texas
    By sa223 in forum Criminal Charges
    Replies: 5
    Last Post: 04-24-2006, 05:09 AM
 
 
Sponsored Links

Legal Help, Information and Resources