The only offenses that are statutorily barred from receiving deferred adjudication are offenses under chapter 49 of the Texas Penal Code. Those offenses are DWI, boating while intoxicated, flying while intoxicated, intoxication manslaughter, and operating an amusement ride while intoxicated. A defendant is eligible for deferred if he or she has been charged with any other offense. The next issue is, will the DA be willing to offer deferred? This decision is made on a case-by-case basis by the prosecutor assigned to the case. Some of the factors that the prosecutor will consider are the defendant's criminal history, the nature of the crime, whether it was a violent offense, whether a deadly weapon was involved, and whether there were any injuries, etc. An experienced attorney can help convince the DA to offer deferred by exposing weaknesses in the prosecutor's case.
If you or a loved one has been charged with a crime or have a question about a criminal case, please feel free to contact the Law Office of G. Thayer Williamson. I am a licensed attorney practicing in the Dallas-Fort Worth metroplex.
