What is “deferred adjudication” probation?
This probation allows the court to defer a finding of guilt for a specified period of time.
On successful completion, the defendant will not have a conviction for this offense.
If the defendant fails to complete this type of probation successfully, the court can revoke the probation, find the defendant guilty, and sentence him to jail time in an amount anywhere within the maximum allowable punishment range for that particular offense.
What is “straight” probation?
Allows the court to suspend the imposition of a predetermined jail sentence for a specified period of time.
If the defendant is successful, he stays out of jail.
If he is unsuccessful at completing the probation, the defendant’s probation is revoked and he is sentenced to jail time not to exceed the predetermined amount.
What is a trial before the Court?
This is a court proceeding in which the presiding judge in the court hears all of the evidence and determines the innocence or guilt of a defendant and assesses punishment if the judge finds the defendant guilty.
What is a trial by Jury?
This is a court proceeding in which a jury of the defendant’s peers is chosen to determine the innocence or guilt of the accused.
The defendant may or may not choose to have the jury assess punishment if found guilty.
What is a dismissal?
Sometimes cases are dismissed because the district attorney knows in advance of a trial that a case cannot legally be proven against a defendant.
In other instances, the defendant may participate in a program in which he complies with certain conditions in order for his case to be dismissed.
Do you need an attorney to handle a misdemeanor?
Many people are under the misconception that you don’t have to have an attorney to handle a misdemeanor. They are half wrong and half right.
They are wrong in thinking that you don’t need legal representation. They are right in that you don’t need “an” attorney.
You Need EMT!
Ebony M. Turner has handled thousands of misdemeanor cases, including plea bargains, jury trials, and trials before the court. She has won motions to suppress and gotten the cases dismissed.
Class A and Class B misdemeanors carry a punishment range that includes jail time. That fact means that you must be represented by an attorney.
Class A misdemeanors have a punishment range of up to 1 year in the county jail and an optional fine not to exceed $4000 (examples include: DWI 2nd, Assault Family Violence, Theft over $500)
Class B misdemeanors have a punishment range of up to 180 days in the county jail and an optional fine not to exceed $2000 (examples include: Theft over $50, Possession of Marijuana under 2 oz., DWI 1st, Driving with Suspended License)
Do you need an attorney to handle a felony?
A felony conviction can have dire consequences for the rest of your life. You may lose the right to vote, the ability to qualify for financial aid or government housing, and be denied professional licenses and many kinds of jobs.
You need an attorney with extensive experience handling all types of felonies.
You Need EMT!
EMT has handled hundreds of felonies and she can successfully handle yours or your loved one’s, too! Facing prison? Ok! Probation Revocation? No Problem! Call EMT today!
A 1st Degree Felony is punishable by 5 years up to 99 years or life in the Texas Department of Corrections (TDC) and an optional fine not to exceed $10,000 (examples include: Murder, Aggravated Robbery, Aggravated Kidnapping, Aggravated Assault/Serious Bodily Injury/Family Violence)
A 2nd Degree Felony is punishable by 2 years up to 20 years in TDC and an optional fine not to exceed $10,000 (examples include: Robbery, Aggravated Assault w/Deadly Weapon, Burglary of a Habitation, Manslaughter)
A 3rd Degree Felony is punishable by 2 years up to 10 years in TDC and an optional fine not to exceed $10,000 (examples include: Injury to Child, Unlawful Possession of Firearm by Felon, Assault Family Violence Impeding Breathing/Circulation, 3rd DWI)
A State Jail Felony is punishable by 180 days up to 2 years in a State Jail Facility and an optional fine not to exceed $10,000 (examples include: Theft Enhanced, Burglary of Motor Vehicle with 2 prior convictions, DWI (w/child), Burglary of Building, Possession of Cocaine under 1 gram)