QUESTION

Sentence reduction/ termination of probation for deferred adjudication possible??

Asked on Mar 13th, 2014 on Criminal Law - Texas
More details to this question:
Approx. 4 yrs ago I accepted a plea bargain for 5yrs deferred adjudication for a St. Jail Felony this was my first plea offer and my attorney said I wouldn't get another offer. It states in the felony admonishments that if charged under P.C. 12.44(a) that the range of punishment for the charge is less than that of the original range of punishment. The D.A. and I have previously agreed on time served for the charge an I have paid over $2,500 in fees, fines, restitution and court costs along with 16 months in treatment and 200+hrs of community service. Considering the fact that the charge is for 9.3 oz of marijuana and the charge itself is "possession of marijuana less than 5lbs but more than 4oz", is there a motion for reduction of sentence in my situation to avoid the felony being on my record? I want this to be finished, I am pregnant and have two older children, the felony would definitely cause road blocks in my future..... HELP
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1 ANSWER

Assault Attorney serving Richardson, TX
2 Awards
A deferred adjudication is not a final conviction under Texas law. The record can be sealed after five years have passed from the end of the probation. Most people and agencies won't be able to see it. You should be able to get your probation terminated now as you have served over two thirds of it. Call your attorney or another to ask for help.
Answered on Mar 14th, 2014 at 3:35 PM

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