Every case and every individual is different. For most people, negotiating a deferred sentence is a major win. The advantages are as follows:
1) Deferred is NOT a conviction. If you are successful on probation, the charges will be dismissed. Once the charges have been dismissed, you can take steps to remove the incident from the public record.
2) Since deferred is not a conviction, you will not lose your Texas driver's license.
3) Having a felony criminal record will drastically reduce your earning potential for the rest of your life. Deferred allows you to clear your record. The ability to clear your record will increase your earning potential for the rest of your life.
However, some people prefer to do their time rather than deal with the "headaches" of probation. Taking a jail sentence is MUCH less costly than deferred probation. Keep in mind that accepting a jail sentence will result in several major consequences: 1) you will have a felony conviction, 2) the conviction will result in the loss of your Texas driver's license. Most possession cases are "state jail felonies." There is no parole from the state jail. Thus, if you are sentenced to 18 months in the state jail, you WILL serve the entire 18 months.
Criminal cases are very serious matters. You should always consult with an experienced attorney.
The Law Office of G. Thayer Williamson
