Do you have to plead guilty at the arraignment hearing to be eligible for deferred prosecution or deferred adjudification in Tx.

Asked over 3 years ago - Houston, TX

Texas State Felony Theft - Fenced as found out by the charge stolen property.

Attorney answers (4)

  1. Philip David Ray

    Contributor Level 10

    Answered . No. The granting of Deferred Adjudication is not strictly limited to a specific docket setting on a case.

    However, there is no guarantee that any particular case will be entitled to that resolution. Some prosecution offices have policies to when they make the 'best offer available' and that can affect the timing your decision to plead.

    The best advice is to retain a lawyer that regularly works in the courts where you are charged. That attorney will know the regular practices of the court and the prosecution and will be situated best to advise you on your options.

  2. Rosario Stornello

    Contributor Level 11

    Answered . No you can accept a plea bargain for deferred adjudication at anytime. Once you have fired an attorney they can plea bargain with the State and get them to offer you deferred adjudication probation

  3. Cynthia Russell Henley

    Contributor Level 20

    Answered . Not at all. In fact, if you want to get deferred prosecution, you and your lawyer will have to put together a packet of information to try to convince the prosecutors that you should received the special agreement.

    If you receive a deferred adjudication offer, you will have time to consider whether you want to accept the offer.

    Listen to your lawyer's advice and help the lawyer as s/he requests.

  4. Darla Marie Poole Mcbride

    Contributor Level 7

    Answered . In a criminal case, there is what I like to call a plea negotiation phase. The district attorney will look at many different factors to determine if he wants to offer deferred adjudication. Usually the district attorney will allow you time to think about an offer. A criminal defense attorney should be able to help you through this process and help to persuade the district attorney to look at factors favorable to you.

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