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My probation was revoked n September of last year.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

Tomball, TX |

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

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Attorney answers 4


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.

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


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 addition, communications over this forum do not create any attorney-client relationship. To have a privileged conversation and/or establish an attorney-client relationship, contact me using the following information: Peyton Z. Peebles III Capitaine, Shellist, Peebles & McAlister, LLP, 713-715-4500 (office) 713-715-4500 (cell)


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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