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Should You Plead Guilty to a Class C Misdemeanor or Defer a Class A Misdemeanor

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  • 02-20-2016, 08:22 PM
    MrMeow
    Should You Plead Guilty to a Class C Misdemeanor or Defer a Class A Misdemeanor
    My question involves criminal law for the state of: Texas

    I'm trying to help a friend who was charged with assault family violence causing bodily injury. The most likely event is this will result in a plea agreement and I'm trying to help her weight her options. Would you rather be convicted of a class c misdemeanor (lets assume disorderly conduct) or receive deferred adjudication for a class A or B misdemeanor?
  • 02-20-2016, 11:05 PM
    MrMeow
    Re: Which is Better: Class C Convition or Class a Deferred Adjudication
    From what I understand a conviction of any class can't be expunged or sealed with an order of nondisclosure. A class c deferred adjudication can be expunged. A deferred adjudication class b or a can't be expunged, but it can be sealed with an order of nondisclosure as long as it is not an offense under Texas Penal Code: 19.02, 19.03, 20.04, 22.04, 22.041, 25.07, or 42.072. In theory, if you seal the records that should remove it from future background checks and you can disavow that it ever happened. Therefore it seems like the better choice is to take the deferred adjudication regardless of the class versus any conviction.
  • 02-21-2016, 07:21 AM
    flyingron
    Re: Which is Better: Class C Convition or Class a Deferred Adjudication
    The best bet is to not be convicted.

    Frankly, if it were me, I'd go for the deferred adjudication as a dismissed deferral is better than a conviction at any level. Of course, if she is a sufficient sociopath that she can't keep out of trouble for a few months while she knows people are watching, she'll probably ought to plead out the lesser charge.
  • 02-21-2016, 11:32 AM
    MrMeow
    Re: Which is Better: Class C Convition or Class a Deferred Adjudication
    Quote:

    Quoting free9man
    View Post
    You asked us which of the two options we would rather take. I'd rather not be charged in the first place so I don't commit crimes. If I were, I'd rather listen to my attorney who has the full facts than random strangers on the internet.

    What is the point of a legal forum if you won't discuss the law? Of course anyone would give more weight to what their attorney says versus some random people on the Internet. Is there something wrong with trying to educate yourself?

    Here is a list of options I came up with, what do you think about it?:

    1st best case:
    Charge dismissed.
    - Can be expunged (records destroyed) after the charge is dismissed.

    2nd best case:
    Deferred Prosecution Agreement.
    - The prosecution agrees to not prosecute you after you complete certain terms and conditions.
    - Can be expunged after the charge is dismissed.

    3rd best case:
    No Contest Plea to Disorderly Conduct (or other Class C) with Deferred Deposition or Adjudication.
    - Not a conviction, the charge is dismissed after successfully completing community supervision (probation).
    - Non reporting probation, meaning you don’t have to report to a probation officer.
    - Can be expunged after the charge is dismissed.
    - Assault family violence charge is dismissed regardless of whether you successfully complete probation, and can be expunged.
    - No Contest plea protects you if the victim tries to sue you for damages in civil court.

    4th option:
    No Contest/Guilty Plea to a Class B Misdemeanor with Deferred Adjudication.
    - Not a conviction, the charge is dismissed after successfully completing community supervision.
    - Can’t be expunged, but it usually (depends on the offense) can be sealed with an order of nondisclosure.
    - Assault family violence charge is dismissed regardless of whether you successfully complete probation, and can be expunged.

    5th option:
    No Contest/Guilty Plea to a Class A Misdemeanor (other than assault or family violence) with Deferred Adjudication.
    - Not a conviction, the charge is dismissed after successfully completing community supervision.
    - Can’t be expunged, but it sometimes (depends on the offense) can be sealed with an order of nondisclosure.
    - Assault family violence charge is dismissed regardless of whether you successfully complete probation, and can be expunged.

    6th option:
    No Contest/Guilty Plea to Disorderly Conduct (or other class c misdemeanor).
    - Is a conviction, but it is only a class c misdemeanor, one step above a traffic violation.
    - Can’t be expunged or sealed with an order of nondisclosure.
    - Assault family violence charge is dismissed regardless of whether you successfully complete probation, and can be expunged.

    6th option:
    No Contest/Guilty Plea to Assault (without family violence) with Deferred Adjudication.
    - Not a conviction, the charge is dismissed after successfully completing community supervision.
    - Can’t be expunged, but can be sealed with an order of nondisclosure after two year waiting period.
    - Potentially face housing eviction.
    - Assault family violence charge is dismissed regardless of whether you successfully complete probation, and can be expunged.

    7th option:
    No Contest/Guilty Plea to Assault Family Violence with Deferred Adjudication.
    - Not a conviction, the charge is dismissed after successfully completing community supervision.
    - Can’t be expunged or sealed with an order of nondisclosure.
    - You loose your right to own a gun.
    - Future Assault Family Violence arrests become a felony offense.
    - Potentially face housing eviction.
    - Has many other collateral consequences.

    8th option:
    Take your chances with a trail.

    http://www.txcourts.gov/media/662319/OCA-Written-Testimony-Expunctions-and-Non-Disclosure.pdf
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