Asked 5/18/2016 – Fort Worth, TX

I am in India, and my Criminal attorney is representing me in Class C misdemeanor trail. He is giving some options which i am unable to understand and need to confirm on open forum for 2nd opinion

Kindly answer question wise precisely.

1) how much time I have to accept the offered deferred adjudication. The prosecutor agreed to offer the deferred but how much time I can have to accept the deferred.

2) I have asked my criminal attorney for the deferred adjudication with no guilt & the attorney is giving me below statement which is confusing me , Is this right bargain plea on my case.

“Hi,

In accepting a deferred adjudication you are not found guilty. A finding of guilt is deferred, and then your case is dismissed if you satisfactorily complete your deferred period.

Please let me know your decision”

Answer

1) The time frame you have in which to accept the plea bargain offer is up to the State; you will have to ask your attorney how long this offer will remain open.
2) I am not sure of the question you are asking, but the information provided by your attorney is correct. In accepting a plea bargain for deferred adjudication/disposition, you must enter a plea or guilty or no contest. The Judge will accept the plea and find the evidence substantiates your guilt, but will defer a finding of guilty and place you on probation. If the terms of probation are successful completed. the case will be dismissed. If you wish to research this matter further, the statute governing this issues is Texas Code of Criminal Procedure Article 45.051.