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I have a question about sentencing.

Corpus Christi, TX |

I am having a bit of difficulty in trying to understand something in regards to a criminal case. As a first-time offender, when the judge passes sentencing, the D.A. said they'd work with me on a deal where my sentencing would be 360 days deferred adjudication. Do I initially get a sentencing of jail time but then get deferred adjudication instead? My attorney is not very good at explaining. In other words, will I be told initially that I am getting so many years in jail but instead of actual jail time, I'll get 360 deferred? Or is the 360 days deferred adjudication my actual sentencing being turned into deferred? I'm just trying to work this out. Hope it makes sense. It is a state jail felony. Thank you in advance.

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Attorney answers 3

Posted

360 deferred means instead of jail time you have a deferred sentence.Jail time will result if you violate the conditions of the deferred adjudication.

Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm

Asker

Posted

Hi Mr. Portner, Thank you for your response. If the deal offered to me is 360 days deferred adjudication, then the 360 days is the actual sentenctng? This is where I'm having some difficulty. I thought the judge could sentence be to say, two years in jail but instead of jail time I receive 360 days deferred adjudication. Or is the 360 days my actual sentencing but instead of actual jail time I'll do probation? Thanks for your patience m.

Posted

When you are placed on deferred adjudication, you are not sentenced. The judge deferrs a finding of guilt, and instead places you on probation. Your situation sounds like you are on probation for 360 days, and if you successfully complete that, you will not have a conviction.

Todd Steele's response to your question is for general information purposes only. Nothing in this response should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Posted

Actually, when you are placed on deferred you are not sentenced to any time at all but simply placed on deferred probation for a period of X months or years. You cannot be sentenced to less than two years probation on a State Jail, so either this is a misunderstanding or your case is being reduced to a misdemeanor (which is certainly possible). When you are on deferred probation, the judge has the maximum punishment available to her if you violate. So on a State Jail, this would be two years in the State Jail. But if the case is being reduced to a misdemeanor, the maximum punishment on a revocation would be one year in the county jail. If you have not been sentenced yet, please ask all the questions you need to of either your attorney or the judge at that time so you fully understand the exposure you are facing.

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 www.macyjaggers.com for more information about her services and recent victories.