Legal Question in Criminal Law in Texas
if i have an indictment charging me with constructive delivery of marijuanna in the amount of over 1/4 ounce but under 5lbs can i recieve deferred justification and just get probation as oppose to state jail with it being my first offence ever
1 Answer from Attorneys
Assuming the facts that you have represented above, specifically that you have never been charged or convicted with any other crimes in Texas or any other state, then the answer is that you do qualify for deferred. You may also qualify for some sort of pre-trial intervention/disposition, which is even better than a Deferred. However, just because you qualify for something does not mean you will get it. If the prosecutor won't offer it to you, then you can always approach the judge for sentencing without an agreed recommendation but I don't recommend doing anything without the benefit of a lawyer advocating for you.
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