What can I expect at court for a Theft Misdemeanor B charge (first offense)?

Question

This question is actually for a friend............ so forgive me, if I don't know the details too well. My friend took some Bluray DVD's from a retail store in TEXAS. He was caught and police took him to jail. He was there for less than a day and let go without even having to post bail. The charge was for $500. His court day is coming up really soon. He only has another charge on his record for ASSAULT in 1999 for which he got deferred judication. He has no idea what to plea or to even contact a lawyer. We would really appreciate any help on the matter. So basically, we would like to know what kind of punishment he would get, how long will it be on his record, can he get it removed from his record, and should he contact a lawyer. Thanks!

Answer 1

He will need a lawyer for sure.  He should hire one, but if he cannot afford one the court will appoint one to represent him.  Theft $50-500 is a class B misdemeanor punishable by a fine $0-2000 and 0-180 days in jail.  Theft $500-1500 is a class A misdemeanor punishable by $0-4000 fine and 0-365 days in jail.  In both instances he is eligible for regular probation or deferred adjudication anywhere from 6 months to 2 years.  Different judges give different sentences to different people.  If he pleads guilty/no contest to either a class B or A misdemeanor, the case will stay on his record forever unless he receives a deferred adjudication and successfully completes it, wherein he can apply for "nondisclosure" 2 years after he is finished with the supervision.

Answer 2

im not sure but im guessing he could probably get a couple years probation and a lot of community service hours

Answer 3

A slap on the wrist really. You will have to show up in court, and agree to pay court costs, restitution (paying the company back they stole from), and possibly probation.

I wouldn't worry about it too much, just make sure they show up at court. Or things get insanely ugly really fast. The judge could get quite pissed off and make his bond extremely high. They could also make it so you cannot use a bonds man to pay a lesser amount. And they could keep you in jail until you have your 'sentencing' which could be months and months away.

Show up in court!! You will not be arrested, unless there's a previous warrant in the same state. Once you get to court, wait patiently until they call your name, and make sure you're in the correct room.

Once they call you up, they ask for your plea of guilty or not guilty. Enter your plea, and then they set you up with another hearing to sentence you. But what they do is give you 2 years in jail, but they suspend that 2 years, and give you probation instead, or just fines to pay.

Edit: - It depends on your state, but a lot of states do not require a lawyer for just a misdemeanor. If they do, they will put you in contact with the cheap lawyers in your area if you cannot afford one. They don't ask for any money up front.