Recent Case Win-Reduction Granted on Theft Case for Out of Town Client by Bo Kalabus

By Bo Kalabus
bo@kalabuslaw.com
www.rosenthalwadas.com
www.kalabuslaw.com

Office: 972-562-7549
24 Hour Jail Release 214-402-4364
The client was arrested for the offense of theft. The charge, based on the facts of the case, was a Class B misdemeanor–punishable up to 180 days in jail and a $2,000 fine. The client had never been in trouble before and did not have a criminal record. The client, I believe would have easily qualified for the Collin County pre-trial diversion program. Pre-trial diversion in Collin County is an excellent opportunity to keep a mistake from getting on your record–see here
Unfortunately, the client lived out of town, and one of the requirements of pre-trial diversion is monthly reporting in Collin County, which my client would be unable to do because of school.

I went to work on the case to see if there would be another way to get the same result for the client without having to do the pre-trial diversion program. I began negotiating with the prosecutors and was able to get them to agree that if my client satisfied certain conditions, the State would reduce the charges to a Class C misdemeanor theft charge with deferred adjudication. This reduction of the offense made it the equivalent of a traffic ticket–a Class C misdemeanor is punishable by up to a $500 fine and no jail time.

Following a 6-month non-reporting probation period (just stay out of trouble) and a waiting period, my client will be able to get the charge off his record because of the deferred disposition of the case. Getting a charge like this reduced to a Class C level offense is critical because you can remove a Class C deferred adjudication offense off your record, but you can’t remove a Class B misdemeanor deferred from your record completely, so this reduction resulted in huge relief for my young client.

What started as a serious case with serious consequences for my client’s criminal record ended up as something he can expunge off his record–as if the arrest had never happened. As you can expect, my client was very relieved and very happy with the result.

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