QUESTION
Am I going to jail or can my charge be reduced to a fine or probation?
Asked on Jul 14th, 2018 on Criminal Law - Texas
More details to this question:
I have 3 charges of theft 1999 for 50 to 500 and 2004 auto theft and one before dismissed I have previous pcs charges where the last one in 05 I was giving 4 years deferred and rehab completed the deferred after 2 years with early termination and completed drug court have not been in trouble since 2005 I was at Walmart and a few items didn't scan I was stopped and charged for my items that wasn't on my receipt along with items that were because of my priors they enhanced me to theft of less than 2500 with 2 or more prior CONVICTIONS it wasn't even 200 dollars I ended up being arrested and bonded out on a 3000 dollar bond and go to court on the 24 can you please tell me what I'm looking at towards my Conviction I have a attorney that promised me no jail time which is the same attorney that still hasn't given me my contact even though she's been paid in full should I be worried that she doesn't show up in court should I be worried about going to jail can someone please help me
1 ANSWER
Federal Criminal Defense Attorney serving Fort Worth, TX
Partner at
Varghese Summersett PLLC
3 Awards
From your message, it is not entirely clear if those Class B misdemeanor thefts became convictions. Generally speaking a theft that was deferred and certainly, one that was dismissed is not considered a theft conviction.
If they are theft convictions, then yes, two prior theft convictions means a new allegation of theft under $2,500 is a state jail felony in Texas. It doesn't matter if the new theft is for 99 cents or $2499.99; it's still a felony. You can learn more about theft enhancements here: Theft Defense
That being said, you already have an attorney. If you can't reach her by phone or email, stop by her office. You have the right to expect communication and reasonable updates on the case.
Answered on Jul 16th, 2018 at 11:20 AM