Is there any chance of getting a class B theft charge deferred if you've had two priors deferred already?

Asked 4 months ago - El Paso, TX

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THe amount of theft was $90.0 and I received and completed deferred adjudication previously. IS there any chance of this occuring again? I know this case cannot be escalated but I am wondering what type of sentencing I can expect?

Attorney answers (4)

  1. Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered January 23, 2013 14:06. Anything is possible with a good defense attorney! Your maximum sentence is either two years probation or 180 days county jail and a $2,000 fine.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Contributor Level 20

    3

    Lawyers agree

    Answered January 23, 2013 14:15. It is possible but the reality is that it is unlikely. Sounds like you need to talk with your lawyer about getting you an evaluation and getting you into treatment because it seems like you have an issue. Getting evaluated and getting treatment might be the way your lawyer is able to convince the prosecutor to give you another deferred.

    Cynthia Henley
    713-222-1220

  3. Contributor Level 17

    1

    Lawyer agrees

    Answered January 23, 2013 15:31. Completed deferred adjudications on a class B misdemenor do not constitute a legal disqualification from receiving another deferred.

    However, I have practiced in a large part of this state and never have stumbled across a prosecutor who would think such a deal would be automatic.

    A really good criminal defense lawyer may want you to ask yourself why you keep getting in trouble.

    A prosecutor who thinks the defendant is simply a petty criminal has no real reason to offer a deferred. And, the defendant who has had deferred before is at a distinct disadvantage in trying to convince a judge that this time will be different...meaning that this time the defendant will never commit a crime again.

    So, you really need to set about getting yourself the very best criminal defense lawyer you can.

    Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No... more
  4. Contributor Level 10

    Answered January 24, 2013 06:14. Anything is possible. I would suggest evaluating the case first by an attorney, before you make any decisions as to how to resolve the matter.

    Please remember that this response was made generally to a general question posted on a web site. The advice was... more

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