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Is there any way my ex wife could get probation for these charges? Would any DA in his right mind offer a plea of probation?

Houston, TX |
Filed under: Criminal charges

The charges are 1. MAN DEL CS PG 1 >=400G 481.112(f) First Degree Felony 2. ENGAGE IN ORGANIZED CRIMINAL ACTIVITY 71.02(a) First Degree Felony 3. BURGLARY HABITATION INTEND OTHER FELONY 30.02(d) First Degree Felony 4. POSS TRANSPORT CHEMICAL W/INT MAN CS PG 1/1A

Attorney Answers 4


It is not likely your Ex will be offered probation. Is it impossible? Not based on the limited information you gave.

My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed to practice in the appropriate jurisdiction where the legal issue may be filed or in the state where the law applies

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Yes. It would be hard but not impossible. Her criminal history (or lack thereof) will be a factor. If she needs drug treatment, she may be given a chance at probation with treatment instead. I have seen bigger miracles pulled off.

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.

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I agree with Ms. Jaggers. The charges and their number make it sound bad but I would need to see the underlying facts. There's allot that goes into the plea negotiation process and more that goes into the trial/punishment of offenses. Bottom line, I've had cases that look like this to start but end up with probation on a misdemeanor possession. On the other hand, I've had clients go away for a long time. Its hard to say for sure.

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As a former prosectuor with the Harris County District Attorney Office I handled these cases on a daily basis. I have experience with these cases and can tell you that they depend on the factss. It will be impossible to asnwer this case on this forum and with the facts that you have provided. She will need to retain counsel with experience and someone who will be up front with her about the consequences. There would have to be something wrong with the case itself or some extreme circumstance that would influence the District Attorney's Office to recommend a deferred. You need to have her act quickly because the first defense you begin in the grand jury and that happens within the first 90 days of the case. Most defense attorneys, including myself, generally offer free consultations so tell her to start looking.

Answering this question does not create an attorney-client relationship. Legal advice has not been given. Also, this question and answer is posted on a public forum and therefore any attorney-privilege is waived.

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