Shoplifting, Larceny, Robbery, Theft Class C misdemeanor in Texas

[Nittleless]

I was charged with a class C theft(Under 50 dollars) and summoned to a municipal court. I talked to the store owner afterwards and he promised he wouldnt show up at the court date. Would my case be dismissed and i wont have to say anything in court? what would happen

 

[shrinkmaster]

Nothing charges were already filed and it may not be required he show up. Start talking to Lawyers about plea deals

 

[mightymoose]

Without a witness or victim to testify against you a dismissal, or just a continuance, is likely. Police can't testify on behalf of the victim/witness.
If they offer you a plea it may be because they know their witness is uncooperative and a plea is the only way to get a conviction.
You need to discuss this with an attorney and weigh your options. DO NOT discuss this with the store owner or you could find yourself facing new charges.

 

[shrinkmaster]

If the store wrote a reports the report can be used in court

 

[Nittleless]

Well it was at a convention and the store owner wont be in town for the court date, and after i helped him clean up his store spot and the convention he said he wont show up at the court date, the police at the time also said something along the lines that if he doesnt show up it will be dismissed

 

[mightymoose]

You just need to show up and see what happens. If you have an uncooperative victim you can expect a dismissal.
Do not entertain a plea offer without consulting an attorney. It would be foolish to accept a plea over a dismissal.

Any written reports are useless without victim/witness testimony.

 

[shrinkmaster]

That's not a guarantee. I have arrested and sent to prosecution many shoplifters and never had nor was asked to go to court. The case went on with my report and/or Police report. The best you could hope for is a continuance which means returning to court at a later date. If the DA feels they need victim then DA can subpoena the victim and force them to go to court if they choose. Store owner not showing up may not end this nor result in dismissal as you assume. Your best option is to consult a Lawyer to discuss case and your options and not assume anything

 

[mightymoose]

Victim/witness often aren't called for preliminary hearings, but they are needed for trials. Reports are not witnesses and can't be cross examined. The testimony is evidence, not the report.
Granted, most people that commit the offense are not likely to push for trial when the cards are against them. Plea deals are more common and nobody has to go to court.
This is a petty offense and will sooner see a dismissal with an uncooperative out of town victim than a subpoena and victim being hauled in against his will.
If plea offers are refused and OP pushes this to trial, and the victim fails to show up and be a victim in court, the matter will be dismissed.
OP, you should discuss with your attorney the potential advantage of refusing to waive time.