Weslaco, TX Criminal Defense Law Firms & Lawyers

Depends on the value. See the following excerpts from the statute which provides the value amount stolen and level of offense. (Note: Class C is fine only; Class B is 0 to 6 months in jail; Class A is 0 to 1 year in jail - for first offenders. Also, the amount of cash claimed by the complainant will control regardless of what you actually stole.) (1) a Class C misdemeanor if the value of the property stolen is less than: (A) $50; or (B) $20 and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06; (2) a Class B misdemeanor if: (A) the value of the property stolen is: (i) $50 or more but less than $500; or (ii) $20 or more but less than $500 and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06; (B) the value of the property stolen is less than: (i) $50 and the defendant has previously been convicted of any grade of theft; or (ii) $20, the defendant has previously been convicted of any grade of theft, and the defendant obtained the property by issuing or passing a check or similar sight order in a manner described by Section 31.06; or (C) the property stolen is a driver's license, commercial driver's license, or personal identification certificate issued by this state or another state; (3) a Class A misdemeanor if the value of the property stolen is $500 or more but less than $1,500.

The prosecutor will probably make the same offer to you that they would make to your attorney. The difference is, your attorney will know if this is a good deal or not, and if there is anything in the report that could get them to make a better deal or get the case dismissed. These are details to error that only a trained eye experienced in reading such reports and evaluating Data Master results can spot. And 0.8 is the threshold for driving drunk. If you are .08 or above, you are considered intoxicated so that is not a safe number. However, when they are right on the line like that machine error can factor in and whether or not the machine was properly maintained and regularly serviced. This is what you need a good DUI attorney for. A good one will more than pay for himself in what he can save you in terms of costs, fines, jail, probation, tether, vehicle immobilization, and higher insurance premiums. The stakes are too high and the system is too complex to do it alone.

He needs to hire an attorney. If he has limited or no prior criminal history, there may be potential resolutions that are better for him than a deferred.