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Thread: felony charges

  1. #1
    Jewel0604 Guest

    felony charges

    What is the name of your state? TEXAS
    I was accused of a state jail felony from a previous employer for taking $5,000 worth of items from the store. Since I have no previous record....the prosecutor is probably goign to offer probation. does this mean that i will have to pay a fine and the amount of which i took? do they usually want the payment all at once or do they make payment arrangements. Thanks for any help. * also, what is deferred probation?
  2. #2
    Boxcarbill Guest

    Re: felony charges

    Originally posted by Jewel0604
    What is the name of your state? TEXAS
    I was accused of a state jail felony from a previous employer for taking $5,000 worth of items from the store. Since I have no previous record....the prosecutor is probably goign to offer probation. does this mean that i will have to pay a fine and the amount of which i took? do they usually want the payment all at once or do they make payment arrangements. Thanks for any help. * also, what is deferred probation?
    You will be required to pay restitution to the victim in the amount that you stole--i.e. $5,000.00. You will also be fined in a specific dollar amount. State jail felony carries a possible fine in an amount up to $10,000.00. (It won't be anywhere close to this amount--possibly a few hundred.) In addition to the restitution and fine, you will have monthly probation fees in a specific monthly and court cost in a specific dollar amount. All these amounts, restitution, fine, court cost, will be broken down into individual monthly payments and spread over the probationary period, which will probably be 2 years, the maximum amount of jail time which can be accessed for a state jail felony that does not involve the use of a deadly weapon. Each of these obligations is a separate term and condition of your probation.

    Now for the bad news. The reality is that more than likely your probation will be revoked on the basis that you aren't making the payments. You might would have had a better chance at successfully completing the probation had it been a third degree felony so that you could get up to 10 year probation to pay back the restitution and other cost , assuming that you don't have a rich uncle or dad who will pay it for you.

    I have written on deferred adjudication before and your restitution is far too great for you to successfully complete a deferred adjudication unless you have a rich uncle that you could borrow the money from.

    There is window down at the bottom right hand side of the opening page and above the window is "Search this forum." Type in the window "deferred adjudication," and it will bring up every thread containing "deferred adjudication.
  3. #3
    Jewel0604 Guest
    so what happens if you can't pay back the money that is owed? i only receive SSI for my twin girls because one of them is handicapp. I can't work because I have to take care of her. What will likely happen?
  4. #4
    Boxcarbill Guest
    Originally posted by Jewel0604
    so what happens if you can't pay back the money that is owed? i only receive SSI for my twin girls because one of them is handicapp. I can't work because I have to take care of her. What will likely happen?
    It depends. If the probationer is reporting and attempting to make the payments, the probation department will extend the probation at close to the end of the two year probation. If not, then the probation officer will file an application to revoke probation and you will serve time. You better start looking for someone to either take care of her while you work or you better be prepared to find someone to take care of her while you do jail time. If you can't come up with someone, the state has a plan--foster care. Having a bad heart, or being disabled or having to care for someone who is disable does not exempt one from criminal responsibility.
  5. #5
    Jewel0604 Guest
    am i guaranteed to have to pay restitution or is all this depending on what the DA is going to say? My court date is not until August 11th. My lawyer said that i am more than likely goign to be on deferred adjudication (apparently he has already spoken to the DA).
    *thanks boxcarbill for helping! you have really given me good info.

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