Four Types of Cases That a Judge Can’t Assess Deferred Probation in Texas

In the great majority of criminal cases a Texas Judge can place a defendant on deferred probation.  However there are certain felonies in which state law prohibits a Texas Judge from assessing deferred probation. Here are the four areas that a judge cant not assess deferred probation.

1. Intoxication Offenses. Any type of intoxication offense such as DWI, DWI with Child Passenger, Boating While Intoxicated, Flying While Intoxicated, Intoxication Assault, Intoxication Manslaughter, assembling or operating and amusement ride while intoxicated. Deferred probation has been prohibited for DWI’s since 1984.

2. Drug-Free Zone findings with previous convictions. A drug offense if the punishment range can be increased with a finding of a drug-free zone and the defendant has a previous conviction with a drug-free zone finding. That is why an attorney should try to avoid drug free-zone findings in plea negotiations.

3. Certain sex offenses involving children. Continuous Sex Abuse of a Child, Aggravated Sexual Assault of a Child if defendant has a previous Sex conviction, Indecency with a Child and Compelling Prostitution of a Child if the defendant has had a previous probation.

4.Murder charges. All murder cases unless the Judge makes a determination the defendant was acting as party. In Texas, a party is an accomplice. In other words, if the judge determines the facts of the case prove the defendant did not cause the actual death then the defendant can be granted deferred probation.

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