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What happens if you get arrested while on Felony Deferred Adjudication?

Conroe, TX |

My boyfriend got his 2nd DWI, and an evading arrest charge which currently on deferred adjudication for 5 years for an aggravated assault case. They are holding him in jail with no bond until he goes infront of the judge. He is ahead on all of his fees, and done with the community service they assigned him. I am just wondering if there is anyone with a clue on what may happen to him...I haven't spoken to him so I'm just really curious......

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Attorney answers 3


Your boyfriend very much needs a good criminal defense attorney. Aggravated assault is a serious felony charge. I have never seen a probation that did not prohibit committing new offenses while on probation. So, the new charges may well end up being used in a motion to revoke the aggravated assault deferred as well as being prosecuted separately.

If your boyfriend can afford it, he should be trying to get a good lawyer NOW.

If he cannot afford a hired lawyer, he should ask for an appointed lawyer at his first opportunity.

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.


As stated above, the bottom line is that the County Prosecutor could move to have the deferred adjudication revoked. Meaning, if the adjudication is revoked, a judge could sentence your boyfriend to any amount of time in the statutory range for the aggravated assault he was charged with 5 years ago.

I too highly recommend your boyfriend, or someone on his behalf, look to hire a criminal defense attorney in the area as soon as possible to work with the Prosecutor appointed.


He had not one but two law violations, one of them a crime of moral terpitude (bad character). You need to find the person who forced him, at gunpoint, or perhaps because of a threat of violence against you if he didn't, to go out and get intoxicated, and turn that person over to the police. He needs a good defense atty (and that may not be good enough) and you need a new . . . yeah.
What could happen to him? He could be found guilty on the agg assault. He could be sentenced to incarceratation for the maximum term specified by law, for that offense. He could be tried for one or both of the new offenses. In short, he COULD go to the joint for a long time. And then have two more cases to fight . . . or NOTHING at all could happen, or anything in between.
Is he in trouble? You betcha. Does need a top flite criminal defense attorney? Absolutely. If he can't afford one, he needs to have one appointed.

This answer is in the nature of general information only and does not constitute legal advice or the formation of an attorney-client relationship.

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