If you are askiing, "Does it ever happen, " the answer is yes, it can happen. If you are asking whether or not it happens frequently, the answer, in my experience, is no. But, it is possible. It all depends on the circumstances and the previous history of the defendant. You should have a lawyer working on this for you.
This answer is intended to be taken as general information and not as specific legal advice. You should always consult a qualified attorney and make him familiar with all the relevant facts in order to get proper legal advice. Every case is different, and they must be evaluated on a case-by-case basis.
David N. Smith
812 W. 11th Street, Suite 201
Austin TX 78701
Sometimes they do. It depends on the facts of the case, your criminal history, the DA assigned to your case, and the work of your defense attorney.
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At least in Harris County, if you pay full restitution up front within 45 days, they will agree to allow a misdemeanor deferred. Varies by county. Hire a local lawyer and talk with them about the possibilites but get together the restitution money ASAP.