I have a charge for violation of probation and a dwi charge without a lawyer can I be offered differed prosecution?
2 Answers from Attorneys
If you are asking whether or not you can be offered a deferred prosecution on the new charge, then yes. There is no law prohibiting a prosecutor from making this offer. You have about a snowball's chance in hell in getting this offer because you are on probation. You are already on the hook for the up to the maximum amount of time you got when the judge put you on probation, on top of another 6 months in the county jail (assuming this is a DWI-1st). Realistically, this is not an offer you are likely to get from the State, especially if you are trying to negotiate this deal yourself. Most prosecutors are going to start off talking about revocation, rather than a sweetheart deal.
I would recommend at least speaking with some local criminal defense attorneys before you try to handle this case yourself. Prosecutors are not tasked with protecting your rights, but a defense attorney is.
Deferred adjudication is not available for DWI's.
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