Legal Question in Criminal Law in Texas
What does it mean when a charge is to be deferred?
Asked on 3/30/10, 5:59 pm
2 Answers from Attorneys
Pat Montgomery
Board Certified in Criminal Law by the Texas Board of Legal Specialization
Deferred adjudication or deferred prosecution?
www.patmontgomery.com
Answered on 4/04/10, 6:41 pm
Keith Engelke
Law Office of S. Keith Engelke
Deferred Adjudication is a kind of probation. If successfully completed, there is no conviction. If completed early, defendant is entitled to early termination. Disadvantage is there is no sentence. If a motion to revoke is granted, the court could impose the maximum sentence, which would not be the case in an MTR where a sentence of less than the maximum is imposed and probated.
Deferred Prosecution is an agreement with the prosecutor where defendant agrees to something, say pay restitution, take certain classes. Upon completion, the prosecution dismisses the case.
Answered on 4/04/10, 8:23 pm
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