Legal Question in Criminal Law in Texas

I have been charged with felony theft 1500 and my case is set for trial 09/16. I was offered a plea if restitution in the amt of 4200 was paid to drop it to misdemeanor and probation, however since I was unable to come up with the restitution, plea has been taken off the table and trial date set. My case was assigned to a Public Defender and I want to know what I can do at this appoint to avoid trial? Can I go ahead and plead guilty and what sentence am I looking at? Am I able to still get the felony probation if I go ahead and plead guilty or do I at this point have to go to trial? Please help


Asked on 8/08/13, 2:36 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

Your lawyer is in the best position to give you advice. Your lawyer will know what the prosecutor's position on the case if restitution is not paid (which is what that person will tell the judge in trying to get the sentence they think is appropriate.) Your lawyer will have a good idea what the judge will do if you were to plead guilty to the judge. Whether or not you can proceed with a guilty plea and agreement for felony probation depends on the court, and your lawyer will know the policy and rules.

You should do everything in your power to get that money together so you can make restitution up front. You are not necessarily going to get probation if the court does not think you can make restitution. The court's first priority, upon a guilty plea, is to ensure that the complainants (victims) are made whole.

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Answered on 8/12/13, 4:30 pm


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