Is there any chance of getting a class B theft charge deferred if you've had two priors deferred already?
El Paso, TX |
THe amount of theft was $90.0 and I received and completed deferred adjudication previously. IS there any chance of this occuring again? I know this case cannot be escalated but I am wondering what type of sentencing I can expect?
Anything is possible with a good defense attorney! Your maximum sentence is either two years probation or 180 days county jail and a $2,000 fine.
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It is possible but the reality is that it is unlikely. Sounds like you need to talk with your lawyer about getting you an evaluation and getting you into treatment because it seems like you have an issue. Getting evaluated and getting treatment might be the way your lawyer is able to convince the prosecutor to give you another deferred.
Completed deferred adjudications on a class B misdemenor do not constitute a legal disqualification from receiving another deferred.
However, I have practiced in a large part of this state and never have stumbled across a prosecutor who would think such a deal would be automatic.
A really good criminal defense lawyer may want you to ask yourself why you keep getting in trouble.
A prosecutor who thinks the defendant is simply a petty criminal has no real reason to offer a deferred. And, the defendant who has had deferred before is at a distinct disadvantage in trying to convince a judge that this time will be different...meaning that this time the defendant will never commit a crime again.
So, you really need to set about getting yourself the very best criminal defense lawyer you can.
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.
Anything is possible. I would suggest evaluating the case first by an attorney, before you make any decisions as to how to resolve the matter.
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