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Do some 3rd degree cases get reduced to misdemeanors?

Austin, TX |

Only ahd food stamp fraud dismissed and paid back restitution. And been arrested for a hot check

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Attorney answers 4


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 (512) 457-0100


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.

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.

Carmine John Giardino

Carmine John Giardino


Macy is correct. It does happen and in my opinion, it's pretty common. Every case is different and the ones that qualify to be reduced usually qualify to be dismissed. It's good you are thinking about options and not pleading to a felony. Good luck!


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.

Cynthia Henley


Assuming your criminal history is minimal it sounds like the kind of case where a misdemeanor is. realistic outcome in Travis County. Hire an attorney to help.

Law Office of David D. White, PLLC
1205 Rio Grande St.
Austin, TX 78701
(512) 369-3737

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