Legal Question in Criminal Law in Texas

Your son is charged with a Class B misdemeanor which carries from probation up to 6 months in jail and up to a $2000 fine. Though a low level offense, it is a potentially very harmful to one's record offense as it is a crime of moral turpitude.

Even though the cousin stole the items, your son can be held accountable because he is a party to the offense - he served as the lookout.

Your son needs a lawyer to help him. Assuming that the State can prove the case, your son should first apply to get a pre-trial diversion. If he gets it and completes it, then the case is dismissed and your son can later apply to have his record expunged.

If he is denied pre-trial diversion, then the only other offer he should consider is deferred adjudication probation. He is not found guilty of the offense but put on probation. If he serves out the probation then he can later petition the court to seal his record which will hide it from many, but not all, inquiries into his background.

Assuming your son is a first offender, it is unlikely that he will return to jail for the offense unless he gets a probation and messes it up.