Asked 7/27/2016 – Dalhart, TX

I signed for five years failed a few drug test my charges had nothing to do with drugs haven’t been in any real trouble before and they are offering me 4 years no other offer

Answer

If you were placed on deferred adjudication probation, the Judge has already determined that the evidence in your case substantiates your guilt, but a finding was delayed to see if you could successfully complete the terms of probation. You did not, so you can be found guilty and sent to prison. You cannot force the prosecutor to offer straight probation, but you have the option of what is called an open plea. If you plead true to the allegations in the motion to adjudicate, you can tell the court that you and the DA cannot reach agreement on punishment, and the Judge can sentence you anywhere within the punishment range provided by law. You COULD be placed on straight probation; you could also, however, be sent to jail for more time than the DA has offered. Confer with your attorney. Good Luck.