Legal Question in Criminal Law in Texas
I have recently been arrested at a Texas Walmart for a theft of 75 dollars .I have a previous assault misdemeanor charge in Tennessee from 4 three years ago that I am about to get expunged because it was a diversion plea. What will be the outcome . Also if the previous conviction is expunged do I qualify for another one ?
1 Answer from Attorneys
A $75 theft is a class B misdemeanor. You are entitled to have a court appointed attorney represent you. However you also have the option of hiring counsel.
The assault charge can't be used to enhance the range of punishment. However prosecutors often consider prior convictions in making plea bargain offers.
Since a theft conviction is likely to affect you more than other misdemeanor convictions, you need make sure that your attorney help you minimize the effects of a plea bargain and/or trial..
The Tennessee expunction should not interfere with getting the Texas charge expunged. However you need to discuss these options with your attorney. Expunction of misdemeanors may be more difficult in Texas than in Tennessee.
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