San Antonio, TX asked in Criminal Law for Texas

Q: What will most likely happen at my son's prertrial and are what are his chances of not serving time.

Two years ago my son was arrested and charged with 4 class A felony drug charges(f First time offender). His lawyer had his case and charges dismissed and placed him in a Diversion course. His record would be clean as long as he met the requirements of the course. Well, last week he was arrested again and charged with 2 class b felony charges. What should i expect to happen?

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1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: Is this in Texas? The reason I ask is that in Texas, the levels of misdemeanors from most severe to least are: Class A, Class B, then Class C. The levels of felonies from most severe to least are: Capital, 1st Degree, 2nd Degree, 3rd Degree, State Jail Felony.

Assuming we are talking about Texas, your son could be removed from the deferral program and prosecuted for the 4 prior crimes as well as the 2 new ones. Whether they can prove beyond a reasonable doubt that he committed all 6 crimes is a matter of the quality of their evidence, the attributes of the prosecuting attorneys, and the attributes of his defense team. The first two matters are completely out of his control. If he relies on a court-appointed defense attorney then that last one is also out of his control. If he hires a defense attorney (or team) then at least that is within his control and the better his defense the better his chances. That said, even if he has the best defense team money can buy nobody can whether that will be enough to keep him from serving time because the result also depends on the evidence and prosecutor(s). If you can afford to help him afford a great defense attorney, you probably should.

Penny Wymyczak-White agrees with this answer

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