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

El Paso, TX |

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?

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Attorney answers 4


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 offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at for more information about her services and recent victories.


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


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 attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.


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 provided free of charge and is intended to provide guidance and encouragement for you to seek a practitioner in your local area. If you needed this assistance, that should show that the area of law you are researching is deep subject and open to possible multiple interpretations. Please go talk to a local attorney.

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