Mckinney, TX asked in Criminal Law for Texas

Q: I was charged with a class b misdemeanor for theft. this is my first offense, am i likely to get it dismissed?

I was charged with a class b misdemeanor for theft >$100>=$750

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3 Lawyer Answers
Grant St Julian III
Grant St Julian III
Answered
  • Criminal Law Lawyer
  • Dallas, TX
  • Licensed in Texas

A: Ask about pretrial diversion. Calling a lawyer first would greatly help. Good luck.

Kiele Linroth Pace agrees with this answer

Rick  Davis
Rick Davis
Answered
  • Criminal Law Lawyer
  • Bryan, TX
  • Licensed in Texas

A: It depends on how serious the case is and the attitude of the prosecutor. Prosecutors have a huge amount of discretion. They have more power than Judges because they have the power to accuse (i.e. indict or charge a person) and the power to excuse (i.e. refuse to indict or charge a person)

Kiele Linroth Pace agrees with this answer

Dean Watts
Dean Watts
Answered
  • Criminal Law Lawyer
  • Nacogdoches, TX
  • Licensed in Texas

A: Dismissals usually happen if the State has a weak case. It's rare for the State to dismiss a case without cause. Therefore, you may want to obtain a lawyer and inquire about a pre-trial diversion (ptd). These are often offered to people who have an otherwise clean record. There is no legal right to obtaining a ptd. It is totally within the discretion of the prosecutor. It is best described as a form of probation. However, unlike probation, the end result is that your case would be dismissed, and you would have a legal right to get your case expunged (erased). It would be best if you were very careful about handling a theft case. A conviction could give you a mark on your record that can haunt you for a lifetime.

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