Legal Question in Criminal Law in Texas

As of yesterday i found myself in legal trouble and was wondering what to do. On September 16,2014, i went to walmart to buy some items. My friend, Chasity and i decided to go through the self check out. While we were walking out of walmart, a guy approach me and said that i didn't pay for everything and instrusted us to a room, which knowing that i didn't do anything wrong, i comply. We went to the room and it turned out that $27 worth of stuff wasn't scan. It was a crab, a shrimp and three other things. I told him that i didn't know that it did not scan. I told him that i really don't mind paying (being that i had over $230 on my debit card). I try to explain that the machine did not peep neither did the doors. I explain to him that it wasn't reasonable for me to steal anything being that i had the money and was more than willing to pay for it. Instead, he wrote me a citation (class-c) and said it is equal to getting a speeding ticket. I willingly consented for them to search my purse, my wallet and myself and they did. They were unable to find anything on me. The did a license search and it came back with no warrants, felonies, crimes or anything like that. It was honestly a mistake that those items did not scan. When he first approach me, i was more than willing to comply. Knowing that i did not do nothing wrong, he went through my items.

Comments such as "at least you have street credit" and "you can tell your friends not to do this" was made to me. I found that comment a little racially motivated since i am black. However, at age 19, i am a junior at the university and have never been in any trouble, neither am i seeking to gain street credit.

I was not allowed to have my friend in the room with me but there were 3 cops and two people from walmart totally and they refuse to let me have one person even after i requested.

What should i do? I need legal advice. I will be seeing a judge this thursday.


Asked on 9/21/14, 3:02 pm

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

The problem you have is that they will be charging you with theft A theft conviction can cause you problems with getting a job in the future. Because this is a class C misdemeanor, you may not get a court appointed attorney. Thus you need to hire one for legal advice.

Because of the collateral consequences of a conviction for theft, you need to get an attorney to represent you. Your options are to try the case, or accept a plea bargain.

First understand that you don't have to do anything on thursday other than show up in court.

When you go to court, reset your case to hire a criminal defense attorney. If you don't think you can afford an attorney try to make an appointment for an initial consultation. Most lawyers don't charge for initial consultations and this may be all that you need.

The good news is that this is your first offense.

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Answered on 9/22/14, 5:51 am


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