My probation was revoked n September of last year. would I be eligible to recieve a 1244 on a forgery charge.

Asked over 1 year ago - Tomball, TX

deferred adjudication probation for forgery. I failed 2 uas...fell four months behind on fees, after paying up in advance.

Attorney answers (4)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . It is possible to re-plea a deferred case to a 12.44, but it is highly unlikely--especially given your history on probation. An attorney who practices in your area will be in the best position to tell you if that is remotely possible given your DA and judge.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Thomas Harlan Swain

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . I agree with Ms. Jaggers. Only an attorney who practices in that court and jurisdiction can answer your question fully.

  3. Peyton Zimmerman Peebles III

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . Assuming you are on DADJ for a state jail felony forgery (with no prior convictions that you pled true to) then the answer is yes. You are eligible for 12.44(a) punishment. Getting it will be hard, though, since the DA's office will feel like they already gave you a chance and you did not take it seriously. You will need a lawyer with good relationships in that court to get you the best chance of that.

    *** The fact that you solicited advice over a public forum waives any attorney-client privilege thus far. In... more
  4. John Charles Hafley

    Contributor Level 6

    1

    Lawyer agrees

    Answered . Possible, yes. Probable, no. Deferred gives the judge the full range of punishment, so it is a good news, bad news situation. You need an attorney to review all the facts so they can give you a well reasoned answer.

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Felony crime

A felony is a crime that is punishable by more than one year in prison. Certain especially severe felonies may be punishable by the death sentence.

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