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Once they charged me with only theft (misdemeanor class b) can they add conspiracy?
Anonymous1 views3 answers
I have already asked a question about my charge seperately but I forgot to mention that there were two other people with me. When they called the DA from the store, he left the amount taken as all the belongings together ($229). I took one object ($80), one took one object and the last took about five. When I was bailed out, my charge only said theft. Does this mean they will count the objects we obtained seperately? I know conspiracy is a felony. This was my first offense and I am trying to get the best advice possible to go in knowing what could be coming. I don't know if I will be appointed an attorney until my day in court. I am 18, pregnant and trying to avoid any jail sentencing. I have learned my lesson. What should I do and again, is conspiracy something I have to worry about?
Yes, the prosecutor can add additional charges, particularly as more information is discovered. However, adding additional charges is often just a strategy to get you to plead guilty to the primary charge in exchange for dropping the additional charges. If you do not qualify for a court appointed attorney, ask for an adjournment to hire an attorney privately.
DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights. www.hecklerlawoffice.com
They could file engaging in organized criminal activity, but conspiracy is not really a state charge, term used, but not charge. I don't know why you are worried about an upgrade - are you just thinking about what could happen or did someone give you more information. The facts you have described sound like a theft and not something a felony court would want to deal with. Even if they do file the case as a felony some how, most everyone on non-voilent crimes, can get probation and avoid jail. Until more information is known, this is all speculation. I would just go to misd. court and get an attorney to help with that until you know more. Good Luck!
The State can always file additional charges if they believe that the facts support them. However, if this is a simple shoplifting charge (and not an ongoing activity), then it is highly unlikely that they will file any additional charges.
While you only took one object, you can be charged with the objects that the others took, too. The State's position will be that you aided and abetted one another in committing the thefts. (By doing this - combining the total - the State may be able to make a Class A misdmeanor out of the case rather than a Class B.)
Theft is a crime of moral turpitude. A conviction, or even a deferred adjudication probation, has consequences that could affect you for the remainder of your life. You should hire a good lawyer who works in Harris County and talk to her / him about the possibility of filing for a pre-trial diversion (a contract that, once fulfilled, provides for the dismissal of the charge and the ability to clear your record in the future.)
