Legal Question in Criminal Law in Texas

Deferred Adjudication

Dear Sir/Madam:

A friend of mine pleaded guilty to statutory rape. The girl was 16 and he was 32 at the time. He ended up getting "deferred adjudication" which I think is conditional. He broke his probation about a year ago; just stopped going. He moved out of Texas, too. Now he's thinking about going back to deal with this legally. He says he didn't "rape" her (it was a set up), but he was afraid of doing time.

What are his chances of working through this? and what is the possible time he would have to do in prison?

Thanks.


Asked on 1/27/99, 6:48 am

1 Answer from Attorneys
David Sergi Sergi and Associates PLLC

Re: Deferred Adjudication

Depending on what county the case came from your freind probably has a huge problem. TO begin with Statutory rape is a crime of commision, he had sex with a 16 year old he is guilty. So next issue what to do about not reporting, he should hire a good local attorney and have him negotiate a deal to get him back on track. However, under no circumstances should he try and attack the underlying conviction, it will only ensure a one way trip to the pen.

David Sergi

Law Offices of David K. Sergi

109 East Hopkins, Suite 200


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Answered on 1/30/99, 10:20 am


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