Legal Question in Criminal Law in Texas

Probation

Hello. I have been charged with engaging in organized crime and tampering with government documents. These charges are stemming from charges that were put on my husband back in 2005. The courts are now pursueing me. I have a prior charge from 2001 that I was granted deferred adjudication in which I did not complete successfully. I did serve county time on that. My current attorney is saying that since I have been convicted of a prior felony that I am not eligible for probation on the current charges. Is this true?? Please help.


Asked on 1/31/09, 5:34 pm

1 Answer from Attorneys
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: Probation

Hello there,

The advice your attorney gave you is correct. Since you have a final conviction you are not statutorily a candidate for probation.

However, a good attorney would go to the DA and try to work out a plea agreement where you could still be placed on regular probation.

Wether or not your judge will allow this plea bargain would be entirely up to him/her. If they don't follow the plea agreement you could put punishment to a jury.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

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Answered on 2/01/09, 11:22 am


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