Felony Theft

[Nismoz32]

I live in Texas I am 17 and I am going to court for felony theft. I didnt do it but I was there when it happend. So I guess that makes me guilty it is about $15,000 stolen and it was from a body shop and I went to jail and got bailed out. I have been to court 2 times first time was the day after I met bond (20k) then I went again and then the judge talked to me (yelled at me) then he said I had to come back with a lawyer in 10days. I am going back to court tommrow the 26th with a lawyer. But the guy that got everything stolen got his stuff back but he didnt get any money for damages. Now this is my main ? I wanted to meet with him today the 25th and see if he would settle this out side of court. I know the guy a lil bit and he knows I didnt do it but I was there. I wanted to meet with him and make him a offer, damage was like maybe $1400 and I wanted to start spitting out numbers to see if we could make a deal. I just wanted to know if him and I could settle this outside of court. Or would the state still press charges. How do I go about doing this outside of court because I dont want a felony on my record and 2 years of my life in prison just because I was there. Please Aol Im me (Nismoz3296) or email me at [email protected] I am only 17 so you can see how I would be really scared about this... I dont want to go back to jail prison would be worst. Thanks for anyhelp

 

[Nismoz32]

Please help me I only have about 12 hours

I need a help in 12 hours

 

[Nismoz32]

Help

Any Help at all would be great anything !!

 

[cbg]

First, this is a volunteer board. People are only going to answer questions that they feel they know the answer to.

I don't think anyone here is going to be comfortable with advising you to do what you suggest. Settling out of court is fine, but you need more assistance than a public bulletin board. Where are your parents in all this?

 

[Beth3]

It is probably NOT a good idea for you to approach the property owner yourself and try to work out a deal. And even if you do, you can still be criminally prosecuted. That decision is up to the State, not the victim.

As it appears you now have a lawyer, you absolutely need his/her advice on all this. Since you were present when the crime took place, you know who the actual thiefs are (although you may have culpability as an accessory) and it's possible your attorney may be able to cut a deal with the D.A. - charges dropped or a minimal sentence in exchange for your testimony against the gulity parties. But this is a total guess on my part and what you have an attorney for. And as cbg says, where are your parents in all this?

You need more help than what you might get from well-intentioned strangers on a public bulletin board. You've been charged with a FELONY - that is serious business.

 

[Nismoz32]

Well!!

Firist thing my parents are beiside me but in court its not looking to good because they think I did it a long with my friend and this is because I have known him for 7 years and he is saying that I was with him and not saying that I didnt know.

Just really need to know would I be able to settel things outside of court and the charges be droped

 

[cbg]

You'll have to have your attorney answer that question. There's no possible way we can tell in this type of forum.

 

[JETX]

Okay, lets take a stab at this one....

1) You want to contact the victim and see if you can work out something. Sorry, it doesn't work that way... unless the victim decides to come up with selective amnesia and 'forget' his testimony against you. However, from your post, I doubt that the victim is the only evidence that the state has and they can very probably prosecute you without the testimony of the victim (even if you were to negotiate with him). Bottom line, this is a criminal action, not a civil one. The party prosecuting you is the State of Texas.... and she doesn't just 'forget' criminal activity.... your talks with the victim won't do anything.

2) You can protest your innocence all you want. If the prosecutor feels you were involved, that will be presented to the court. The courts and jails are FULL of people who claim that is was a 'misunderstanding', or that they are really, really, really innocent.


So, lets look at your questions:
Q1) "Now this is my main ? I wanted to meet with him today the 25th and see if he would settle this out side of court. I know the guy a lil bit and he knows I didnt do it but I was there. I wanted to meet with him and make him a offer, damage was like maybe $1400 and I wanted to start spitting out numbers to see if we could make a deal. I just wanted to know if him and I could settle this outside of court. Or would the state still press charges."
A1) I assume that there was a question SOMEWHERE in there. If you are asking will the state still prosecute, the answer is yes.

Q2) "How do I go about doing this outside of court because I dont want a felony on my record and 2 years of my life in prison just because I was there."
A2) You claim you were 'just there', but the prosecutor obviously feels (and feels he has evidence) that you were more than 'just there'.

Q3) "Please Aol Im me (Nismoz3296) or email me at [email protected]"
A3) Sorry, I don't do 'personal' jobs.

Q4) "I am only 17 so you can see how I would be really scared about this..."
A4) So, get your lawyer and hope for the best.

Q5) "I dont want to go back to jail prison would be worst."
A5) Of course you don't want to go to jail. I can't imagine anyone who would look forward to it. But, you should have thought of that before you were 'just there'.

"Thanks for anyhelp"
You're welcome!

 

[CaliCat]

The way the DA sees it (and most people will) is that you knew what was going on and could have walked away and called the cops to stop your friends. You enabled it to happen by not reporting it. Even if you did not know what was going on, the DA will assume you did. Tons of innocent people are in jail these days because their boyfriends dealt drugs and those boyfriends mentioned girlfriends in a plea bargain, and the truly innocent girls get all the jail time. But you did know and didn't stop it. The state of Texas isn't easy on criminals. If you have a good lawyer, perhaps he or she can get it talked down to misdemeanors or the ankle bracelt to track you or community service. I dispute that the stae decides to drop charges. I believe sometimes the victim can chose. But don't try. He's pissed, and has every right to be. Sorry, but you are probably going to jail.

 

[Nismoz32]

Well!

These forums suck people judge they dont help !!!

 

[stephenk]

hahahahahahaha

be sure to lube up for your stretch in jail.

YOU commit a crime and are pissed because everyone here isnt wringing their hands and boo-hooing about your self-imposed problems. dumbass

Some criminal actions can be set aside by the prosecutor if a civil resolution is achieved between the victim and perpetrator. That is true in California and it is up to the discretion of the prosecutor. The victim would have to tell the prosecutor that they have been made whole and request no further action on the charges. The DA could ignore the victim and still go forward.

So roll the dice and see what happens. I pray your parents dont pay the victim but make YOU pay.

 

[I AM ALWAYS LIABLE]

Well!

hahahahahahaha

be sure to lube up for your stretch in jail.

YOU commit a crime and are pissed because everyone here isnt wringing their hands and boo-hooing about your self-imposed problems. dumbass

My response:

Too goddamned funny, Stephen !

Have you noticed that the "kid" always starts his posts with "Well !" in his headers? It's as if he's reading the posts with hands on hips, thoroughly disgusted, with a look of complete consternation and just at a loss for words. Well !

I don't know, but your terrifically funny response must be a Los Angeles thing - - either that, or you're a transplant from New York or Jersey. Either way, my funny bone has been tickled. Thanks.

Talk to you soon.

IAAL

 

[knorris]

Ha Ha He He Ha Ha

You two crack me up. I can see my 14 y/o standing here with her hands on her hips saying WELL !!

 

[CaliCat]

Nismoz, are you wanting us to tell you that you should go talk to the guy and that everything will work in your favor? We have told you not to, which is advice, and are telling you the truth and what to expect. It's not what you wanted to hear, and I know you feel innocent since you say you did not have a part other than being there. But just "being there" is a crime. We aren't going to lie to you, and while there are some people more crude in their relies and some down right mean and pointless all ove this board, we are telling you the truthful answers to what you have asked. I'm sorry, but I shouldn't be, that we cannot truthfully tell you what you WANT to hear. Reassurance that it's going to be okay.

My best advice along those lines? Get a defender who will attemt to argue it down to a misdemeanor and get you probation, and remember this the next time you just sit there with your thumb up your butt. But it's such a long shot.

Better yet, prepare yourself for the worst and hope for the best.

Good luck. You'll need it.