March 30, 2016

Asked 3/29/2016 – Liberty, TX

Our twin Daughters, who are 17 years of age, have been charged with Organized Retail Theft of less than $100. This is their first time to ever be in trouble with the law. Their court date is scheduled for April 27, 2016. We do not have representation at this time.

Answer

If the value of the property is less than $100, your daughters are charged with a class c misdemeanor (see Texas Penal Code, Section 31.16). There is no constitution right to counsel for this level of offense since the punishment is by fine only, so a public defender is not available. If the Court finds they are indigent, however, the cannot be forced to pay any fine. Call around for a local attorney; it may not be as expensive as you think.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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