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My 18 year old daughter got a class c misdemeanor for

My 18 year old...

My 18 year old daughter got a class c misdemeanor for shoplifting. Should she have a lawyer when she appears in court. 1st offense

Lawyer's Assistant: Have shoplifting charges been filed? If so, when is the next court date?

She was given a ticket to appear in court on June 21st. No official charges-only the documentation from the PD

Lawyer's Assistant: In what state did the shoplifting occur?

Texas

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She was with a friend who was arrested based on the amount stolen. Items in her bag were also the friend but she chose to steal them to “help her friend”

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5/9/2018
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 37,691
Experience: 16 yrs. of experience including criminal law.
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Hi, My name is***** am an attorney with over 16 years experience. Hopefully I can help you with your legal question.

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For the initial hearing (the arraignment)? It is not required she have a lawyer. But is it wise to hire one prior?

Perhaps...

Hiring a lawyer well before the hearing date would allow that attorney to engage with the prosecutor to negotiate a plea agreement. First offense? I suspect it may be possible to negotiate a plea deal for deferred adjudication (this is where she takes the deal to plea guilty, performs probation for a period of time...and if she successfully completes the probation, the charges are dismissed so there is no conviction)

She could wait to the court date and show up and see what the prosecutor is offering (without first hiring a lawyer)...and it may be that the prosecutor offers this deal...and if so, she saved the cost of a lawyer.

But if they are not offering deferred adjudication at the arraignment? She can plea not guilty and hire a lawyer...and it may be the lawyer can still negotiate deferred adjudication.

But my experience is you get the best plea deals if you negotiate early

Bottom line: no requirement she have a lawyer for the arraignment...but hiring one prior may help her get a better plea dea

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 37,691
Experience: 16 yrs. of experience including criminal law.
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