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TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4829
Experience:  Experienced in state and federal criminal litigation.
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Hi, i am a student of university(have BS degree, puchasing

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Hi, i am a student of university(have BS degree, puchasing MS degree), I am not a citizen of U.S., I was arrested in 04/28 due to i stole my classmate' laptop, and then i found his credit card information in his laptop, and then I used it bought some thing online, the goods value almost $5000(plus the value of laptop), the real thing is that someone stole my classmate's laptop, then I found it, but I was bewilder to put it into my bag and not return it to my classmate, and the credit card information, I didn't want to use it to buy anything, because the goods must be sent to the mail room of our school that receivers must have the student ID, OH, by the way, I made up the billing address, because I really didn't want to pick the goods I ordered, so, the name of the billing address is my classmate's whose laptop I picked, so I didn't have his student ID, I couldn't pick it, I just did it for cruious and fun, I have never wanted to spend his money and hurt anybody, I am a fresman, I don't have any criminal record before, now, I realized the thing is very terriable, because I got Docket Number and checked it, I have been charged two crimes that are LARCENY 4TH DEG and IDENTITY THEFT - 3RD DEGREE, Class A and D, Type Misdemeanor and felony, I am very afraid about that, because, I checked some information that the Sentence of Class D Felony are 1 to 5 years in prison and Up to $5,000 fines, the Sentence of Class A Misdemeanor are Up to 1 year in jail and Up to $2,000 fines. I am a foreigner, I really don't know what the results would be, please tell me what the result would be, thank you so much. I feel very sorry for my criminal actions.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 6 years ago.

TexCrimLawyer, J.D. :

First off, do you have a lawyer yet?


I think the court assigned me a lawyer, but I am not sure, because I just be released on 04/29 due to I got the PTA from court

TexCrimLawyer, J.D. :

he most important thing is you find out about your lawyer. You need to call the public defender. You can find their website here:

TexCrimLawyer, J.D. :

TexCrimLawyer, J.D. :

All that said, even if you are convicted, it is unlikely that you will actually go to jail.

TexCrimLawyer, J.D. :

Since you don't have any criminal history you will most likely be eligible for probation.

TexCrimLawyer, J.D. and 3 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
sir, I am very afraid and feel sorry about that
Expert:  TexCrimLawyer, J.D. replied 6 years ago.
I understand that you are afraid. This is a serious situation, but you will likely be able to avoid serious jail time. Based on what you've told me, however, what you've done meets the elements of the crime.

Depending on your immigration status, however, you may face deportation.
TexCrimLawyer, J.D. and 3 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
sorry sir, you mean, may be I can avoid the jail time, but I would be deported to my country after the result of my crime, and I have other queastions are that should I need to pay the fines? and how much proablely? Sorry for my poor English , sir, I am not real bad guy, I just lost my mind in a short time, I really didn't want to hurt anybody. and the another queastion is that do you thing I could be had small chance to live in U.S? because I am a student of university, I was purchasing my MS degree. And the last question is that I from China, I am afraid about the crime record I did would be add into my chinese record, will it could be? thank you so much
Expert:  TexCrimLawyer, J.D. replied 6 years ago.
What happens with you immigration depends on your current status or visa. But, yes, you can possibly avoid going to jail, but once convicted of a felony you could be deported. If you can make a deal to plead to the misdemeanor, and the prosecutor drops the felony, you have a much better chance of avoiding deportation. You need to consult with an immigration lawyer.

Your fines will probably be around $1,000, but that depends on the judge and whether or not you can make a deal with the prosecutor.

If you are deported because of this, the reason for deportation will be reported to China.
Customer: replied 6 years ago.
I almost understand what you said, sir, you said, the immigration lawyer, is this a same person with the court assigned to me? you know , I don't understand law and the process, the lawyer who court assigned to me , I saw her was servicing some prioners not just one person, is this the immigration lawyer? and you mean I need to talk to her for reduce the felony to misdemeanor , you know I don't have any contact information of her, I even don't know her name, and could you tell me how to make a deal to plead the misdemeanor? And , sir, you know, I really afraid about my criminal action would be add to my Chinese record, so , you mean, if I would be deported to China, the reason for deportation would be reported to China, it means add the reason to my Chinese record?
Expert:  TexCrimLawyer, J.D. replied 6 years ago.
I don't know if China would add it to your record there. You would need to talk to a Chinese lawyer.

No, the court did not appoint you an immigration lawyer, they appointed you a criminal lawyer. I provided you a link earlier regarding how to contact your criminal lawyer. Your criminal case and immigration matter are separate issues and handled by separate courts.

As far as how to go about getting the felony dropped, that is very dependent on the facts, and I'm not saying the prosecutor will do that, but it's an option you can pursue with your appointed criminal lawyer. Your criminal lawyer will help you make a plea deal.
Customer: replied 6 years ago.
I understand that, sir, you know , I was be released due to the PTA ,the court asked me reback on May 6th, I want to know the second time , will I know the final result? because the judge said that they would assigned a person who can speak chinese talk to me, so, could you tell me what would happen at the second time, sorry for my poor english, and yesterday, I have already talked to my classmate who I took laptop, he said he had already forgiven me, so , do you think he can help me for dropped felony?
Expert:  TexCrimLawyer, J.D. replied 6 years ago.
No, you won't know the final result until you enter a plea. Since you have not yet spoken to your lawyer or tried to work out a deal with the prosecutor, it is unlikely that your attorney will want you to enter a plea on the 6th. It could take a few months to get everything worked out. If you contact the public defender and you are still confused about who your lawyer is, call the judge's office back and ask them who the judge appointed and how to get in contact with that person.

As far as whether the felony will be dropped, it is impossible for me to say, but the fact that the victim isn't pressing for harsh punishment helps you.