Keeper5689
New Member
First off, thanks for reading, my story is a little long, but I'll try to explain it as best I can.
I was arrested for a first-time offense for Theft over $50 under $500 (a Class B Misdemeanor in Texas). I stole a small cell phone case that was part of a package deal (Laptop case, glasses case, and cell phone case) that retails for $80, so they charged me with the theft of the entire package. The item itself was probably only worth $10-$20. The LP saw me put it in my purse and I panicked thinking she was a customer who would report me to the employees, so I quickly left the store. I know I concealed the item, but I'm not sure I would have gone through with it if I hadn't panicked and run out the store. I know that it still counts as theft, but is it possible to get this charge lessened to the dollar amount of the item that I actually stole, rather than the whole package?
Also, I happened to be carrying a tagging gun in my purse at the time. I never intended to re-tag any of the items in the store as the LP's suggested I had intended to, but I am worried that this will affect my outcome. I bought the tagging gun because I have a tendency to buy clothing that I thought I liked or fit well only to get home and find that I didn't really like it and planned to return it, and unfortunately I also have a tendency to rip the tags off of the clothing without thinking about it. After being told by several stores that they could not return merchandise with the tags removed (despite the fact that I still had the tags), I decided to find a way to reattach them on my own to avoid the hassle of being turned away. I have never used the tagging gun for anything but to reattach tags to their original garment. Earlier in the day, I had reattached a tag to some jeans that I had bought and was returning and I placed the tagging gun in my purse without thinking about it. I know that it looks like I was trying to re-tag something, but is there anyway to convince the judge/DA that I bought it for completely innocent reasons and it was not my intention to use it to steal anything? Will this affect my judgement?
Also, what is the typical sentence for such crime? How long can I expect to be on deferred adjudication or probation, since this is my first time offense? I don't even have so much as a speeding ticket. I did not contest the civil demand, since I know I was guilty, and have already paid it.
P.S. I was also clinically depressed at the time, but sought treatment immediately after this incident, and over the course of a couple of months was successfully treated for my depression through the use of medication and therapy. I'm not trying to use this as an excuse for my actions, I knew then and still know now that I was wrong, but do you think that they might take this into consideration?
I was arrested for a first-time offense for Theft over $50 under $500 (a Class B Misdemeanor in Texas). I stole a small cell phone case that was part of a package deal (Laptop case, glasses case, and cell phone case) that retails for $80, so they charged me with the theft of the entire package. The item itself was probably only worth $10-$20. The LP saw me put it in my purse and I panicked thinking she was a customer who would report me to the employees, so I quickly left the store. I know I concealed the item, but I'm not sure I would have gone through with it if I hadn't panicked and run out the store. I know that it still counts as theft, but is it possible to get this charge lessened to the dollar amount of the item that I actually stole, rather than the whole package?
Also, I happened to be carrying a tagging gun in my purse at the time. I never intended to re-tag any of the items in the store as the LP's suggested I had intended to, but I am worried that this will affect my outcome. I bought the tagging gun because I have a tendency to buy clothing that I thought I liked or fit well only to get home and find that I didn't really like it and planned to return it, and unfortunately I also have a tendency to rip the tags off of the clothing without thinking about it. After being told by several stores that they could not return merchandise with the tags removed (despite the fact that I still had the tags), I decided to find a way to reattach them on my own to avoid the hassle of being turned away. I have never used the tagging gun for anything but to reattach tags to their original garment. Earlier in the day, I had reattached a tag to some jeans that I had bought and was returning and I placed the tagging gun in my purse without thinking about it. I know that it looks like I was trying to re-tag something, but is there anyway to convince the judge/DA that I bought it for completely innocent reasons and it was not my intention to use it to steal anything? Will this affect my judgement?
Also, what is the typical sentence for such crime? How long can I expect to be on deferred adjudication or probation, since this is my first time offense? I don't even have so much as a speeding ticket. I did not contest the civil demand, since I know I was guilty, and have already paid it.
P.S. I was also clinically depressed at the time, but sought treatment immediately after this incident, and over the course of a couple of months was successfully treated for my depression through the use of medication and therapy. I'm not trying to use this as an excuse for my actions, I knew then and still know now that I was wrong, but do you think that they might take this into consideration?
