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How to Get a Deferred Disposition for Public Intoxication

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  • 03-18-2012, 04:32 PM
    pathos
    How to Get a Deferred Disposition for Public Intoxication
    My question involves criminal law for the state of: TEXAS.

    I was arrested and charged with Public Intoxication in Texas and I have a court date set with the municipal court. I intend to plead "No Contest" apply for a deferred disposition and my question is as follows:

    Can any of you shed any light on what influences whether or not a court might grant a deferred disposition for a Public Intoxication charge given:

    1. I am not a minor; and
    2. This is my first offense of any kind (I've never even received so much as a speeding ticket);

    I can't seem to find any definitive answers on the internet on what might dictate the likeliness of a court granting a deferred disposition request, so I decided to post here.

    My follow-up question is: If granted and I comply with all court requirements, what factors influence whether or not a court will grant a request to expunge the offense afterwards?

    Thank you in advance for your input!
  • 03-20-2012, 07:38 AM
    Mr. Knowitall
    Re: How to Get a Deferred Disposition for Public Intoxication
    If you plead "no contest" and your plea is accepted, the court will treat that as a guilty plea.

    If you want to try to work out a deferral, talk to the prosecutor before entering a plea and try to negotiate a plea bargain that provides for the deferral.

    Whether or not the prosecutor will agree to a deferral? That's going to be up to the prosecutor - it's not something we can promise in the abstract.
  • 03-20-2012, 09:09 AM
    pathos
    Re: How to Get a Deferred Disposition for Public Intoxication
    I'm a bit confused, then - when I called the municipal court, they told me I need to come in and fill out an application for a deferred disposition with a plea. But, instead I need to individually meet with the prosecutor to request a deferred disposition?
  • 03-20-2012, 09:34 AM
    Mr. Knowitall
    Re: How to Get a Deferred Disposition for Public Intoxication
    Court procedures vary by state, county and, as this is a municipal court, municipality. If the court has explained to you that you need to fill out an application for a deferred disposition, it would make sense for you to fill out an application for a deferred disposition. Quite obviously we don't know what court you're charged in - we only know what you tell us.

    It would not make sense for you to enter a guilty plea or equivalent before submitting or knowing the status of that application.
  • 03-20-2012, 10:30 AM
    pathos
    Re: How to Get a Deferred Disposition for Public Intoxication
    Fair enough - The court told me that I'll set up an appointment with a public prosecutor at the time of the application and that the DD application requires a plea of guilty or no contest.

    Follow-up question: Should I get an attorney to accompany me to the meeting with the public prosecutor? I don't know what to expect going into this kind of situation.
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