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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23439
Experience:  9+ years defending Misdemeanor and Felony cases.
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consequences for 2nd time theft,

Resolved Question:

Theft in the amount of $377 at Kohl''s in Harris County. My first offense theft was 9/23/06. I received 6 mos probation, 24 hrs cs and deferred adjudication. I completed all. Should I get court appointed or seek my own attorney? I do now see this as an addiction just as my Psychiatrist has pointed out just wasn''t ready to admit. I fear jail time. I am 49 and started this behavior at 47.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 8 years ago.

Based on the value of the item(s) taken, this is a class B misdemeanor. Moreover, this was your second offense for the same crime, so you would be a repeat misdemeanor offender. The penalties if found guilty at trial would be If it is shown on the trial of a Class B misdemeanor that the defendant has been before convicted of a Class A or Class B misdemeanor or any degree of felony, on conviction he shall be punished by:

(1)a fine not to exceed $2,000;

(2)confinement in jail for any term of not more than180 days or less than 30 days; or

(3)both such fine and confinement.

However, these penalties may not apply to you because you were not convicted of your first offense, you stated adjudication was deferred. If you go to trial and lose on this current charge, you could be facing the following:An individual adjudged guilty of a Class B misdemeanor shall be punished by:

(1)a fine not to exceed $2,000;

(2)confinement in jail for a term not to exceed 180 days; or

(3)both such fine and confinement.

Trial may not be your best option based on your prior, so you should probably seek your own attorney who can research the facts of your case, make sure the disposition of your prior case would not affect your sentence on the new charge and try and negotiate a plea deal, which would keep you out of jail and any convictions on your record. Moreover, the fact that you were diagnosed with a problem, could be a mitigating factor for the court to consider.

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