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Asked 4 months ago - El Paso, TX
FlagTHe 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?
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
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.
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