There are too many factors to consider in order to give you a half decent answer. Your best bet is to contact a criminal defense attorney that can ask the right questions and give you a better guess. It will only be a guess because there is no way to know until the attorney fully reviews the current case. Take advantage of the fact that many criminal defense attorneys offer free consultations. As my colleague suggested, look for an attorney that specializes in DWI defense. Good luck.
The State of Texas continues to get tougher on DWI. Whether you can get a similar deal depends on the facts of your case. You should consult with an experienced criminal defense attorney that specializes in DWI defense in the county that you were charged. You have excellent attorneys around in and around Montgomery and Harris County. The attorney you hire might be able to poke holes in the States case and therefore make it more likely that the State will offer you what you want. There is no way...
Yes, the charge and the arrest will still show up. It will show up as a case that was dismissed. Some of the contracts that people sign to receive the pre-trial diversion contain a condition that a person will not ask for an expunction sooner than a year or two after successfully completing the pre-trial diversion. Make sure that you review the contract that you signed and take it to your meeting with any defense attorney you wish to hire.
It is only a class C misdemeanor and you do not necessarily need an attorney. You can represent yourself. Many of the attorneys that dedicate themselves to defending class C misdemeanors charge very reasonable fees. It might be well worth taking an attorney to handle this case especially if the fees are inexpensive. Good luck.
No the case can not simply be dropped because of the bond amount. Many times the police conduct an investigation before they decide to ask the District Attorney's Office to take the charges. Harris County has a bond schedule. An attorney can ask for the bond to be lowered especially if it is above the bond schedule.
It does not seem excessive for the charge.
The judge has the discretion to grant a deferred adjudication for most crimes. It would be best to consult an attorney to determine the probability for the specific crime. Chapter 42.12 section 5 of the code of criminal procedure deals with deferred adjudication. As Mr. Hamer already stated, it will depend on the DA, the judge, the county and also the type of crime. Take advantage of the fact that most criminal defense attorneys offer a free consultation. Good luck.
It would not have made a difference if he was charged when he was 17 or 18. In Texas for criminal purposes, a person is treated as an adult at the age of 17. Whether he can clear his record depends on the disposition of the case. Did he take time, or a deferred adjudication, pre-trial diversion, a probation, or was the case ultimately dismissed? Call and make an appointment with a criminal defense attorney so that they can evaluate his particular situation. Most criminal defense attorneys offer...