Facing a theft charge in Texas—whether it's shoplifting, check fraud, or grand larceny—is more than just a legal headache; it's a profound threat to your future. A conviction can haunt job applications, loan applications, and personal life for years. However, it's also important to remember that a conviction is not an inevitability. There are strategic legal options—specifically plea bargains and alternative resolutions—that could prevent a permanent criminal record.
Understanding the Stakes in Texas
In Texas, theft is typically classified based on the value of the property stolen, ranging from Class C Misdemeanor (under $100) to a First-Degree Felony (over $300,000). A conviction, even for a misdemeanor, can lead to jail time, hefty fines, and, most critically, a damaging criminal record.
When we approach your case, our immediate goal is to explore avenues that lead to a dismissal, a reduction of charges, or a non-conviction outcome.
The Power of a Strategic Plea Bargain
A plea bargain is an agreement between your defense attorney and the prosecutor. While it involves pleading guilty or nolo contendere (no contest), the goal is to receive a lesser penalty or charge than you would if convicted at trial.
For theft cases, effective plea bargain negotiations can include:
Charge Reduction: Negotiating to drop a felony theft charge down to a misdemeanor, significantly reducing potential jail time and collateral damage.
Reduced Sentencing: Securing probation instead of immediate jail time.
Deferred Adjudication: This is often the most desirable outcome. You plead guilty, but the judge "defers" a finding of guilt. If you successfully complete a probationary period, the case is dismissed, and you avoid a final conviction.
Exploring Alternative Resolutions
Beyond the standard plea bargain, certain circumstances may allow for alternative resolutions focused on rehabilitation and restitution rather than punishment.
1. Pretrial Diversion Programs (PTD)
PTD is an option sometimes available for first-time offenders accused of non-violent crimes, including certain theft offenses. These programs require you to complete specific conditions, such as:
Restitution: Paying back the victim for the value of the property lost.
Community Service: Volunteering time to benefit the community.
Educational Classes: Taking courses on decision-making or ethics.
If you successfully complete the PTD program, the State of Texas will dismiss the charges. This is a powerful resolution that keeps your record clean.
2. Motion for Dismissal (Insufficient Evidence)
Sometimes, the simplest path is the best. If the evidence against you was illegally obtained, circumstantial, or simply insufficient to prove guilt beyond a reasonable doubt, your attorney can file a Motion to Dismiss. If granted, the case ends immediately. This is not an alternative resolution, but a powerful defensive strategy that is pursued whenever possible.
Your Dedicated Path Forward
Navigating the Texas criminal justice system requires an authoritative and personal legal approach. Every detail of your case—your history, the facts of the arrest, and the evidence—will influence which options are available. You need The Alband Law Firm. We are dedicated to understanding your personal circumstances and fighting tirelessly for the best possible non-conviction outcome.
If you are facing theft charges in Texas, the time to act is now. Let The Alband Law Firm review your case and develop a strategic defense aimed at protecting your future. Don't face this alone. Call us for a confidential consultation at (817) 997-4366.