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  1. #1
    thomaszak is offline Junior Member
    Join Date
    Mar 2007
    Posts
    2

    Theft (Class B Misdemeanor) - Deferred Adjudication?

    Houston, Texas

    I am from Houston, Texas and while I was at an electronics store, I made a stupid and impulsive decision (had a rich background of these spurred on by my ADD) to shoplift a $549.00 Video Card (for a computer).

    I was followed by a secret shopper throughout the store, I knew what he was doing and for some reason my logic didn't seem to kick in.

    So I decided to steal this item and when I was leaving I was chased and tackled by an LP associate from the store. A few words were exchanged, for example, "I will shoot you in the head if you continue to struggle."

    I was taken to the county jail and spent the night and most of the following day. I was released on a free PR Bond. I have read about deferred adjudication and was told that it is a bad deal but with the incredible amount of evidence on me (videos, statement, witnesses), I cannot plea not-guilty (or so I think)

    Three questions:
    1. Should I bring up what the Loss Prevention Associate did and said to me? Will this help me? Can I press charges for assault?

    2. Should I plead no-contest or guilty? I heard no-contest protects me from any further civil litigation.

    3. Typically, how expensive is it to have records sealed and is it possible to have a Class B misdemeanor expunged in the state of Texas?
  2. #2
    Kane is offline Member
    Join Date
    May 2003
    Location
    Austin, Texas
    Posts
    858
    You need to get a lawyer. A conviction for theft has serious and permanent consequences.

    As a general rule, you should never plead guilty until or unless you've reached a plea bargain with the prosecutor.

    In Texas, a conviction can never be sealed. A deferred adjudication can be.

    Cases can only be expunged if they're dismissed.
  3. #3
    thomaszak is offline Junior Member
    Join Date
    Mar 2007
    Posts
    2
    I do not have a criminal record. I didn't write very clearly. I have a history of making stupid choices not necessarily illegal ones. I am very thankful for your responses and I have found today at the first hearing how Theft charges are no joke. I will be getting legal representation.

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