Legal Question in Criminal Law in Texas

I have just been charged with a Class B Misdemeanor for Theft. This is not my first time incurring a charge such as this. I do have an extensive criminal history, including prior thefts. I now live in Texas and this is my first time being criminally accused in this state. Also, I have been on unsupervised probation in NC for a DWI charge. What should I expect if convicted? Are there any lesser crimes I could try to have my charge amended to? Without knowing the evidence what are the stipulations on theft cases being dismissed?


Asked on 9/08/12, 10:12 pm

1 Answer from Attorneys

M. Elizabeth Foley The Law Office of M. Elizabeth Foley

If you've got an extensive criminal history, I think you're probably going to find it very hard to get your case dismissed or even reduced unless there's some serious problem with the evidence against you. Also, be aware that if you have one prior theft conviction (and yes, that does include out of state convictions, and it doesn't matter how old it is or whether you went to jail, got probation, or just paid a fine), that Class B can be increased to a Class A, and if you have two, it can be increased to a state jail felony. The fact that you were initially charged with a Class B offense does not mean that's how the charge will be filed, and even if it's filed that way, it may not stay that way if the prosecutor later looks again at your criminal history and realizes your case could be enhanced up to a felony. Plus, if you have felony convictions for non-theft offenses, a misdemeanor theft that's been increased to a state jail felony can potentially be enhanced to a third degree felony (2-10 years prison time). So you might want to go ahead and start looking for attorneys--I think you're going to be needing one.

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Answered on 9/08/12, 10:41 pm


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