Can a misdemeanor be deferred?

Asked almost 4 years ago - Houston, TX

can a misdemeanor be deferred?

Attorney answers (4)

  1. Eric Lee Gruetzner

    Contributor Level 14

    Answered . It depends on what the charge is. If, for example, the charge is DWI, then no that charge cannot be deferred. Without more information about what charge you are inquiring about, I just cannot say.

  2. Mark Ryan Thiessen

    Pro

    Contributor Level 8

    Answered . It depends. What is the misdemeanor? A person charged with DWI cannot legally be offered or take a deferred adjudication probation per the statute. That being said, many counties will alter or reduce the offense to Reckless Driving, Obstruction of a Highway, or Deadly Conduct and offer a deferred adjudication.

    As for all the other offenses, there is a good chance you can get a deferred adjudication offer. Depends on the County, Court, Prosecutor, Defense Attorney, and client's record.

    I really need more information to advise you better.

    Please don't hesitate to contact me.

    -Mark Thiessen

  3. Carolyn F. Horton Mcdaniel

    Contributor Level 13

    Answered . Most misdemeanors can be deferred. Unless a DWI is dropped to a lessor charge such as Reckless Driving, then you can not receive a deferred probation. IF you or someone you know has picked up a DWI, then their attorney would need to try to get the charge changed from a DWI to a different charge that could be deferred.

    If you obtain a deferred, you can have that charge non-disclosed so that the charge will not be visible on public records.

  4. Carmine John Giardino

    Contributor Level 14

    Answered . It depends on the charge, but most misdemeanors are eligible for deferred adjudication. DWI is one that is not, but even a DWI may be changed to a different offense that qualifies for deferred adjudication. Hire a good lawyer.

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