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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 30375
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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A class b misdemeaner in the state of Texas, what are the chances

Customer Question

A class b misdemeaner in the state of Texas, what are the chances of probabtion and or jail time? Also what if the party involved does not reside in the state? Is it a good idea to have a court appointed attorney represent in such a case or should outside legal help been retained?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 5 years ago.

My name is Lucy and I'd be happy to answer your questions today. I'm sorry to hear about your daughter's situation.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

There may be a slight delay in response time, as I may be helping with other questions or I may be away from the computer. I will answer any follow-up questions as soon I can.

There are some Class B misdemeanors that are more likely than others to involve jail time. Can you tell me what she is accused of doing?
Customer: replied 5 years ago.

She was caught stealing from Walmart, my daughter is not a resident of Texas. She lives in California and was visiting. A friend of her's bailed her out and I just got knowledge of it.

Expert:  Lucy, Esq. replied 5 years ago.
Thank you.

If this is her first offense, she can try to get a diversion program. What that means is that, if she successfully completes one year of probation, pays a fine, and doesn't get into any other trouble, at the end of that time period, the charges will be dropped. Shoplifting does not carry mandatory jail time - it's actually fairly unusual for a first offense. The fact that she's not living in Texas shouldn't affect the outcome, but it can make the logistics of probation a little trickier. That's something that her lawyer can work out with the DA.

If the DA doesn't intend to ask for jail time, she wouldn't legally be entitled to a court-appointed attorney. That's unfortunately something that she won't necessarily know until the initial appearance, so you may need to decide in advance whether to hire someone for her. Generally, a court-appointed attorney is every bit as competent as a private attorney - they just chose to work in public service. However, they don't choose their cases, so if you call around, you could try to find someone that primarily handles these types of cases. Fees vary drastically by location, so you may want to call around. A good place to look is, because you can look for reviews and ratings.

Please rate my service before signing out, as this is the only way that I get credit for the time I spend helping you. I hope that you are 100% satisfied - if not, please click "reply" so that we may continue the conversation. Good luck.