How do I plead to get this arrest off of my record?
I was charged a late fee at a local department store and out of anger, picked up a $52 watch. Extremely dumb on my part. I have no prior criminal record whatsoever. I've heard that as a first time offender I should receive no jail time, probation for a year, and some sort of education class (and if I continue a clean record this arrest will be dropped from my records). How do I need to plead to get this? Do I need to speak with the judge or prosecutor ahead of my court appearance to arrange this? What is the likelihood that I would receive even a short jail term? One attorney told us it would be a $1500 flat fee.
Answered By: Cynthia Henley, Lawyer
You do need to hire a lawyer. You need to try to get a pretrial diversion which is a contract with the prosecutors' office in which you agree to certain terms in order to get the case dismissed. This is so you can later expunge it off your record. If you get a deferred, you can only seal it if successfully completed which does not take it off your record. If you pay a fine or get straight probation, it is there forever. The same applies if the case is reduced to a Class C which you are so close to - $50. Hire lawyer.
Answer Applies to: Texas
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Mark Thiessen, Attorney at Law
You need to plead Not Guilty to this and hire an attorney. If you get a conviction, a theft charge could prohibit you from ever getting a good job. At least get deferred adjudication probation if you are not going to get a lawyer.
Answer Applies to: Texas
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Texas
Replied: 10/5/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
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