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Can a illegal immigrant get the deffered adjudication plea? He has an aggravated assault with a deadly weapon (beer bottle)

Houston, TX |

Or what else is suggested? His court has been reset 4 times and minimum they are giving him is 2 years. What are other suggestions to do? I dont feel like our attorney is doing anything in our favor to help it get reduced.

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Attorney answers 5


It's possible to get offered deferred but the prosecutor may not be offering it. Many times a deferred is treated the same as a conviction for immigration purposes. If someone is here illegally they're going to get deported anyway. Get a second opinion from a local lawyer.
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It is possible to get deferred if the DA can be talked into it. If not, he may be able to do an open plea and get it from the judge. If you are not happy with the work of your attorney, you may want to meet with a couple of others to see if they think there's a chance of a differet result with them.

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And an issue is whether or not that deferred adjudication will still be considered to be a conviction for immigration purposes.


I do hope the defendant in the case you are asking about also has a good immigration lawyer.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.


Prosecutors will sometimes refuse to put illegal immigrants on probation. A deferred adjudication in Texas has been found by immigration courts to be a conviction as it requires a plea of guilty in most case and an admission of guilt. (In many cases this makes them deportable). Usually a plea to a violent felony will result in a deportation. As a former prosecutor I can tell you that prosecutors often will not offer a deferred adjudication on an illegal immigrant because they would be immediately deported and not serve the probated sentence. This causes a lot of problems as then a motion to adjudicate must be filed and warrants to arrest issued that may never be served.

Your attorney needs to find an attorney that practices both criminal and immigration law or hire a good criminal attorney and a good immigration attorney. He will need to fight the criminal case, and then fight the deportation.

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