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Caught shoplifting in Texas. First time.Cost $80 regular but was on sale for $29.99. Will be Class B or Class C?
Anonymous2 views3 answers
First time Offense. Was caught putting in Pocket. Honestly did not do it on purpose, Kids were troubling too much and it went with tissues in the pocket. Value of earring was $80 regular but was on sale for $29.99. I was charged for $80. Is that correct.
Also what is the best way to go about - No Contest or Plead guily or trial. Also any way it does not come in the criminal record?
First - you need a lawyer. You might be able to get pre-trial diversion as a first offender - they do give those out in Harris County. Second, it is bunk but they charge the original cost of the item, not the sale cost. Never challenged it but I think it could be challenged if someone chose to go to trial. You are charged with a Class B which carries up to 6 months in jail & up to $2,000 as the punishment. (Class C is punishable by a fine only.) You do NOT want to have a conviction for this crime of moral turpitude on your record and you would be best served with a PTD so you can expunge it in the future.
The State has the burden to prove, beyond a reasonable doubt, all the elements of the offense, including the value of the property stolen. So it is likely that you will be charged according to what the prosecutor believes they can prove in court. Another element that must be proven is that you intended to deprive the owner of the property. If it was truly an accident then you lacked the intent to deprive the owner of the property. The State will likely use circumstantial evidence, depending on the facts in your case, to prove this element. You may want to consult with a criminal defense attorney regarding this case. Even a Class C theft conviction can have other additional consequences than what you face in court.
It is a tough question to answer. I have had cases where we were able to convince the Judge that there was not enough probable cause to hold my client on a Class B misd. if we could prove that the cost was less than $50. Most importantly - if this is your first offense, you must do whatever it takes to keep this off your record! A theft on your record can affect you for the rest of your life! You really need to contact someone directly about your options because there are several options - and none of them will be given to you without an attorney's help. The DA in the courtroom will speak to you, but they cannot offer you the Deferred or a Pretrial Diversion without you having a lawyer to request it for you.
