In Texas, what are the circumstances when a juvenile accused of a crime is eligible for a deferred prosecution?

By Jack Robinson, on March 5th, 2012

What is Deferred Prosecution?

Deferred prosecution is contemplated by sanction level two of the Progressive Sanctions Model, which states a child may be placed on a period of deferred prosecution by: (1) the probation department, (2) the prosecuting attorney, or (3) the juvenile court. Like other forms of diversion, deferred prosecution is an alternative to … Read More

Leave a comment   Criminal Law, Probation   , , ,  

What Happens When a Child Breaks The Law in Texas

By Jack Robinson, on February 2nd, 2012

A child who breaks the law in Texas may enter a complex world of procedures, places and people called the juvenile justice system. In Texas the ages of juvenile justice jurisdiction are 10 through 16. The handling of juveniles is strictly regulated by state law, but juvenile probation is locally administered at the county level.

… Read More

One comment   Criminal Law, Probation   , , , , ,  

Does a No Refusal DWI weekend violate the your right to refuse a test?

By Jack Robinson, on January 20th, 2012

A No Refusal Weekend is essentially when the police have a judge on call to issue search warrants for blood tests when a driver suspected of drunk driving refuses a breathalyzer test. However, in order to issue a search warrant, he or she must have probable cause under the Fourth Amendment of the U.S. … Read More

Leave a comment   Breath Tests, Criminal Law, DWI, Probation, Uncategorized   , ,  

Difference Between Deferred Disposition vs. Deferred Adjudication in Texas

By Jack Robinson, on November 26th, 2011

 

Email This Print Comments (33) Trackbacks (1) There’s a lot of confusion about the terms “deferred disposition” and “deferred adjudication” in Texas. Deferred adjudication is a type of actual probation, for a Class B misdemeanor or higher charge, where the judge says (in legalese), “Based on your plea of No Contest or Guilty, Icould … Read More

4 comments   Criminal Law, Probation   , ,  

How to Get An Arrest Off Your Record

By Jack Robinson, on November 14th, 2011

Can I clear an arrest from my record?

It depends. Some arrests can never be cleared, including arrests for driver’s license suspensions.

Some arrests can be cleared through a process called expunction.

You may be able to clear your arrest record if:

charges were never filed, or charges were filed, but then dismissed, or … Read More

One comment   Criminal Law, Probation    
 
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