Legal Question in Criminal Law in Texas

Can I request a pretrial diversion now?

Yesterday, I went to court, and accepted a plea bargaining of a deferred adjudication for a class B misdemeanor of theft (first time offense, with the item's value at $56). While speaking to the judge, she queried as to why I did not try to get a pretrial diversion, as she felt that a deferred adjudication would leave a permanent record of sorts, which was most regrettable in my circumstances; the DA responded that it was because my attorney was under the impression that I would like to have the case over with as fast as possible, and not that I would like to have the lightest sentence possible (since I wish to maintain a clean record).

My question here is, would it still be possible to somehow do away with the deferred adjudication in exchange for a pretrial diversion that allows for better terms? I understand that with a deferred adjudication, one can seal the record eventually, but one cannot have the arrest undergo expunction; from my understanding, with expunction, any record of my arrest would be erased, while with deferred adjudication, it would not. However, if I try to get a pretrial diversion, would it be possible that I somehow wind up with terms worse than the deferred adjudication I received?

Thanks in advance.


Asked on 4/14/07, 6:50 pm

1 Answer from Attorneys

TC Langford Langford Law Office

Re: Can I request a pretrial diversion now?

You were represented by an attorney? You need to consult with your attorney.

Read more
Answered on 4/17/07, 2:16 pm


Related Questions & Answers

More Criminal Law questions and answers in Texas