Protect Your Future on Misdemeanor Theft Cases
Every day in the courthouse I see young adults with no criminal record taking plea deals on misdemeanor theft cases. The problem is, they are not protecting their future. In my opinion, theft is the absolute worst type of misdemeanor you can have on your record. No one is ever going to want to hire someone who they think is a thief. For some reason, many people do not understand this, or are not given good advice.
Every day in the courthouse I see young adults with no criminal record taking plea deals on misdemeanor theft cases. The problem is, they are not protecting their future. In my opinion, theft is the absolute worst type of misdemeanor you can have on your record. No one is ever going to want to hire someone who they think is a thief. For some reason, many people do not understand this, or are not given good advice.
Typically on theft cases in Harris County you will have 4 options. Option number 1 is a jury trial. Everyone has the right to fight their case and have a jury trial. Unfortunately, many of these cases are not easy to defend as the typical situation involves someone shoplifting on camera from a major retailer, and getting caught with the merchandise outside of the store. So in this type of situation many times it is best to try to reach a plea deal.
The next option is the best option and that is a Pre-Trial Diversion. A Pre-Trial Diversion is a 6 month program in Harris County where your court date is reset for 6 months. During that time (while your case is still pending), you complete what is essentially conditions similar to a probation. Requirements usually include the completion of an anti-theft class, community service, random drug tests, a fine, monthly meetings. At the completion of the program, if the individual successfully completes it, the case is dismissed. This is a true dismissal that is eventually eligible for expunction, which is a destruction of the records.
If for some reason you are not accepted into the pre-trial diversion program, deferred adjudication is the next best option. This can be anywhere from 6-12 months depending on the court and prosecutor. The difference with deferred is you actually plead guilty, and the case ends. You then start probation, which has similar conditions as above. If you finish deferred adjudication successfully you will avoid a conviction on your record. The problem with deferred adjudication is that your arrest record is still visible. If someone pulls a background check on you, and they see you were on deferred adjudication they are going to know that you pled guilty. The only reason you avoided a conviction was because of probation. Jobs, apartments, schools, etc will still hold that against you. To remedy this you can partially seal your record through a petition for non-disclosure (which you can read about in my past blogs), but this only partially seals your record.
The worst option of the bunch is sitting it out in jail or simply paying a fine. Both of those require guilty pleas, and are lifetime convictions that you can NEVER take off of your record. So you will basically be having to explain this every single time you apply for a job for the rest of your life (if you even get an interview). Too many people take this option because it’s the easy way out. They are told, “pay $300 and it’s over with, no probation”. But it is horrible for you! Protect your future!
Trespassing Case Dismissed
The Houston Criminal Defense Attorneys of Benavides and Serrano has a trespass case dismissed this week.The Houston Criminal Defense Attorneys of Benavides and Serrano has a trespass case dismissed this week.
Our client went to see the mother of his child. Our client showed up with roses crying on his knees, asking for her back in his life. His former significant other and his ex-mother in law told him to leave. When our client didn’t leave the woman and her mother called the police. Police officers told our client to leave area. Our client vowed to be arrested if that’s what it took to prove his love. The police was forced to arrested him.
The District Attorney’s saw the case for what it really was, true love and the case was dismissed.
We love happy endings!
New Harris County Pre-Trial Diversion Deadlines
There are new deadlines in the timing of pre-trial diversions. This morning in county court 5 of Harris County I had a client’s application denied for the pre-trial intervention program because she did not submit her application on time. As of recently, you must submit your application within 60 days of your first court appearance. My client submitted her application on day 68.There are new deadlines in the timing of pre-trial diversions. This morning in county court 5 of Harris County I had a client’s application denied for the pre-trial intervention program because she did not submit her application on time. As of recently, you must submit your application within 60 days of your first court appearance. My client submitted her application on day 68.
Applications must be submitted 1 week before court and must include a letter accepting responsibility and explaining why you deserve to be admitted into the pre-trial diversion program instead of getting deferred adjudication. I also require my clients to submit a separate letter of apology. Applications also must include 2 to 3 letters of recommendation from non-family members who are aware of the charge. Additionally, there must be proof that the applicant is in school, employed, or in the process of applying for school. And finally in certain cases additional items such as drug tests (drug cases), and anti-theft classes (theft cases), might be required.
Even though my client is in their early twenties, and a prime candidate for the pre-trial diversion program she was denied based on the fact that she procrastinated and did not get me the items I needed in the first 60 days. While I personally do not agree with this time deadline, as it does not give adequate time to the defense to conduct a full investigation of the case, it seems the DA’s office is pushing the deadline requirement hard at the moment.
It is very important to submit your items to your attorney as soon as possible. I always tell my clients that their part (letters, transcripts, proof of employment, etc) is easy. These are things that can be done in an hour or less. The hard part is getting others to give you letters. People are busy, and very rarely can people stop their everyday lives to do someone else a favor. In my experience I have seen over and over that people struggle getting recommendation letters from their friends, co-workers, teachers, etc. If you are in the unfortunate situation of having to apply for a pre-trial diversion it is essential that you ask for your letters ASAP! That way, if your friends take 3 weeks to give you the letter, you still have plenty of time before the deadline hits.
A pre-trial diversion is always a backup plan, but if you are lucky enough to qualify it’s important to take it seriously. It can result in a dismissal, and a clean record.
New Galveston County Pre-Trial Diversion Program
During a conversation with a good friend of mine, and a great Houston Criminal Defense Attorney, Shelby Burns, I found out there is a new pre-trial diversion program in Galveston County for individuals charged with certain misdemeanor crimes. To be eligible, you must have no prior criminal history except traffic citations. And no felony offenses will be eligible for the program.
During a conversation with a good friend of mine, and a great Houston Criminal Defense Attorney, Shelby Burns, I found out there is a new pre-trial diversion program in Galveston County for individuals charged with certain misdemeanor crimes. To be eligible, you must have no prior criminal history except traffic citations. And no felony offenses will be eligible for the program.
Charges that will be Eligible for the Program
- Possession of Marijuana: Class B & A
- Possession of a dangerous drug
- Possession of a Controlled Substance (misdemeanor)
- Evading Arrest
- Theft Class B & A
- DWLI
- Deadly Conduct
- Criminal Mischief
- Burglary of a Vehicle
- Reckless Driving
- Assault – Bodily Injury
- Assault – Family Member
- Failure to report accident
And other misdemeanors not listed below.
Not Eligible
- Delivery of Drug Paraphernalia
- Anything sexual in nature (public lewdness, prostitution, indecent exposure, etc.)
- Resisting Arrest
- False report to police
- Possession of Marijuana in a Drug Free Zone
Unlawful carrying of a weapon along with another case is not eligible, but Unlawful carrying of a weapon alone is ok. When applying the individual must give a clean UA if the case is a drug offense, proof of restitution or attempted restitution for theft, and must forfeit weapons for gun charge.
Process
Defendant will fill out an application for the program which will be submitted in person to the probation department, then forwarded to the DA’s office. The application must be turned in and filed by 90 days after the case is filed, or announcement #2 docket (which probably means the 2nd time in court).
Assistant district attorneys will decide whether or not to approve the application and then they will be in charge of sending it to the probation department for an interview and final approval. Defendants must contact probation to setup interview for a pre-trial intervention within 3 days of Defendant or Defense Counsel receiving a letter in the mail.
If the application is denied for any reason, defendant cannot appeal this denial. If accepted, the Defendant will sign a contract and swear to a confession in court in order to be allowed to start the program. The Defendant will also have to pay a $200 fee on top of any court costs and probation fees associated with the pre-trial diversion.
The District Attorney’s office will have the final say on if a Defendant is revoked or not for any violation of the contract. If revoked, the precious confession will be entered into evidence and the contract will state that defendant will not object and will plead guilty. If the defendant is successful, the case at issue will be dismissed.
Possession of Marijuana Case Dismissed
Officers pulled over my client. During the stop, officers smelled Marijuana. My client admitted he had the weed. Officers began to search and ultimately found the weed.Officers pulled over my client. During the stop, officers smelled Marijuana. My client admitted he had the weed. Officers began to search and ultimately found the weed.
We were able to show that the officers had no valid reason to pull my client over. If the stop is illegal and is thrown out, everything they find as a result gets thrown out as well.
Good day for my client!