Legal Question in Criminal Law in Texas

shoplifting misdemeanor class b

My friend was caught walking out with $180 worth of merchandise from a department store. The lost prevention officer made her sign a handwritten confession to taking items previously as well, even some things she had paid for. It is her first offense.

1.) Should she get a state appointed lawyer or should she hire her own?

2.) What will be the likely/possible punishments for this?

3.) She doesn't want to go to jail, and would like to get this off of her record or at least hidden so that employers and landlords will not be able to see it. What would be the best thing to do concerning the court?

4.) Is it possible to get a deferred adjudication for this, and after the probation will she be able to hide or expunge this from her record?

Are there any other better options?

It was a one time thing, she has never done anything of this sort before, and is very scared about what will happen to her. Please give us some advice and thank you to anyone who helps us.


Asked on 6/30/08, 3:39 pm

2 Answers from Attorneys
TC Langford Langford Law Office

Re: shoplifting misdemeanor class b

She needs to hire a lawyer. One who can get this resolved to her best advantage, and one that can get the record expunged later (if applicable) or an order of non-disclosure.

A court appointed attorney will provide minimum competent representation. The options you describe are possible for her, but she needs representation.

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Answered on 6/30/08, 5:17 pm
Pat Montgomery Board Certified in Criminal Law by the Texas Board of Legal Specialization

Re: shoplifting misdemeanor class b

You should not talk to the police under any circumstances. If you do not believe me, watch this video.

http://video.google.com/videosearch?q=%22talking+to+the+police%22&hl=en&sitesearch=

If you are arrested you should say repeatedly: "I want to talk to a lawyer," and nothing else.

If you cannot afford an attorney, you should ask that one be appointed. If you do not care for your appointed attorney, you can always fire him/her and hire private counsel. Meanwhile, their services may benefit you.

You should start saving money for a bondsman and a lawyer. Do not allow your lawyer to act as your bondsman, it is a bad idea. A bondsman wants a case closed as quickly as possible in order to avoid potential liability if the client does not show for court. A lawyer may require extended time to obtain your best possible result. Therefore, I believe there is a potential conflict of interest in acting as both lawyer and bondsman.

You should interview Board Certified Criminal Lawyers. Of the thousands of lawyers in Bexar County, only about 50 have this credential. You can visit the Texas Board of Legal Specialization website to see the list. Many are judges or prosecutors, unavailable for you to hire.

I hope you find this information helpful.

WWW.PATMONTGOMERY.COM

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Answered on 6/30/08, 5:28 pm


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