Legal Question in Criminal Law in Texas

I have a class B misdeamnor for stealing under $500. Will I hVE TO DO ANY JAIL time. I'm so sorry for doing this.


Asked on 12/19/11, 2:20 pm

2 Answer from Attorneys

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

I don't know if you'll have to do any jail time or not, but this is a situation where it's more important to think long-term. If you end up with any type of conviction for theft (including jail time, probation, or even just a fine), you're going to find it next to impossible to get a job, and it will never come off your record. You really need to get an attorney, whether retained or court-appointed. If there's any way at all that Your attorney can get the case dismissed, maybe with restitution and an anti-theft class, take it and don't look back. Same thing for pre-trial diversion, or even a reduction to a Class C theft and plea to deferred adjudication, if that's on the table. Any of those options would let you get the case expunged and completely off your record later (a couple of years from now).

Any other options will lead to the caee and arrest always being on your record, though if you successfully complete a Class B deferred adjudication, you could at least petition the court for nondisclosure once the case was dismissed, which would seal it for most purposes (not to law enforcement and not to any state regulatory agencies--in case you have or plan to have a career in law, medicine, nursing teaching, law enforcement, banking, or the like, they would find out about it). Good luck.

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Answered on 12/19/11, 2:41 pm


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