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Can a misdemeanor be deferred?

Houston, TX |
Attorney answers 4


It depends on what the charge is. If, for example, the charge is DWI, then no that charge cannot be deferred. Without more information about what charge you are inquiring about, I just cannot say.


It depends. What is the misdemeanor? A person charged with DWI cannot legally be offered or take a deferred adjudication probation per the statute. That being said, many counties will alter or reduce the offense to Reckless Driving, Obstruction of a Highway, or Deadly Conduct and offer a deferred adjudication.

As for all the other offenses, there is a good chance you can get a deferred adjudication offer. Depends on the County, Court, Prosecutor, Defense Attorney, and client's record.

I really need more information to advise you better.

Please don't hesitate to contact me.

-Mark Thiessen


Most misdemeanors can be deferred. Unless a DWI is dropped to a lessor charge such as Reckless Driving, then you can not receive a deferred probation. IF you or someone you know has picked up a DWI, then their attorney would need to try to get the charge changed from a DWI to a different charge that could be deferred.

If you obtain a deferred, you can have that charge non-disclosed so that the charge will not be visible on public records.


It depends on the charge, but most misdemeanors are eligible for deferred adjudication. DWI is one that is not, but even a DWI may be changed to a different offense that qualifies for deferred adjudication. Hire a good lawyer.