Police must have a reasonable belief, based on clear facts, that an arrest is appropriate. Police cannot arrest you due to a gut feeling or "profiling" your race. In any event, your defense lawyer can make the case for you that a charge should be dropped by pointing out these reasons to prosecutors. After charges are filed, prosecutors and sometimes courts may dismiss such charges for some of the same reasons that charges are dropped before being filed.
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Evidence may be poor, witnesses may be unavailable or illegal tactics may have been used to gather evidence or make arrests. Again, a criminal defense attorney can advance this process, which is best done early in legal proceedings , or during what's known as a pretrial negotiation phase. Before going to court for a trial, a defense lawyer can argue that the prosecution's case will not prevail at trial and urge the prosecution to dismiss or drop the charge.
The prosecution may counter with an offer to reduce the charge. Your attorney then may counter that even the reduced charge will not prevail in court. As for what is a grand jury dismissal, that occurs when a grand jury is convened to consider indictment on a charge, and it's determined that the case isn't strong enough.
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The grand jury then can dismiss or "no-bill" the charge, or the prosecutor can dismiss it. Prosecutors prefer doing that rather than spending time prosecuting a case they cannot win. You may wonder about the possibility of reducing a charge. This can be done when the evidence isn't strong enough for a certain charge, but it may be strong enough for a lesser charge. Prosecutors then may offer a "plea bargain agreement.
Neal Davis can guide you and protect your legal rights in plea bargain agreements. He even may advise you to reject such an agreement if the case against the original charge is weak. Keep in mind that, under Texas law, in most cases the original charge would not be expunged or taken off your record after a plea bargain agreement, even though you did not go to trial on that charge. However, if you faced the original charge and weren't convicted, it could be expunged from your criminal record.
A criminal proceedings are deferred without an adjudication of guilt; or. B a sentence of imprisonment or confinement, imprisonment and fine, or confinement and fine, is probated and the imposition of sentence is suspended in whole or in part. Added by Acts , 84th Leg. January 1, A reference in a law to a statute or a part of a statute revised in this chapter by Chapter H. Added by Acts , 85th Leg. September 1, Except as provided by Article 42A.
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If the defendant does not agree to the modification in writing, the supervision officer or magistrate shall refer the case to the judge for modification in the manner provided by Article 42A. A 10 years, for a felony other than a third degree felony described by Paragraph B ; and. B five years, for any of the following third degree felonies:. A the offense is punishable as a felony of the first degree; and.
A the offense is punishable under Subsection d of that section; and. B the actor committed the offense with the intent to commit a felony under Section A Section B Section B immediate flight from the commission of a felony offense; and. B was a party to the offense and knew that a deadly weapon would be used or exhibited. Acts , 86th Leg.
A judge shall suspend the imposition of the sentence and place the defendant on community supervision if the jury makes that recommendation in the verdict. A defendant is not eligible for community supervision under Article 42A. A the victim of the offense was younger than 14 years of age at the time the offense was committed; and. B the actor committed the offense with the intent to violate or abuse the victim sexually;. The minimum period of community supervision for an offense under Section A judge placing a defendant on community supervision shall inform the defendant in writing and on a form prescribed by the Office of Court Administration of the Texas Judicial System that, after satisfactorily fulfilling the conditions of community supervision and on expiration of the period of community supervision, the judge is authorized to release the defendant from the penalties and disabilities resulting from the offense as provided by Article 42A.
If the information is provided orally, the judge must record and maintain the judge's statement to the defendant. The failure of a judge to inform a defendant of possible consequences under Articles 42A. The failure of the judge to make a finding under this subsection is not grounds for the defendant to set aside the plea, deferred adjudication, or any subsequent conviction or sentence.
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Text of subsection as amended by Acts , 86th Leg. A under Section 20A. B for which punishment may be increased under Section A is charged with an offense under Section B has previously been placed on community supervision for an offense under Paragraph A ;. A under Section B under Section C for which punishment may be increased under Section D for which punishment may be increased under Section For a defendant charged with a felony under Section Section 9 ; or. Section a 15 U iii. Acts , 85th Leg.
On written motion of the defendant requesting final adjudication that is filed within 30 days after the entry of the defendant's plea and the deferment of adjudication, the judge shall proceed to final adjudication as in all other cases. The court may not proceed with an adjudication of guilt on the original charge if the court finds that the only evidence supporting the alleged violation of a condition of deferred adjudication community supervision is the uncorroborated results of a polygraph examination.
The determination to proceed with an adjudication of guilt on the original charge is reviewable in the same manner as a revocation hearing conducted under Article 42A. For the purposes of a hearing under Article 42A. A grant an order of nondisclosure of criminal history record information to the defendant;. B inform the defendant of the defendant's eligibility to receive an order of nondisclosure of criminal history record information without a petition and the earliest date on which the defendant is eligible to receive the order; or. C inform the defendant of the defendant's eligibility to petition the court for an order of nondisclosure of criminal history record information and the earliest date the defendant is eligible to file the petition for the order.
The court accepting jurisdiction subsequently shall proceed as if the defendant's trial and conviction had occurred in that court. A defendant who leaves the state without permission of the judge having jurisdiction of the case is:. On receipt of the request, the agency shall forward a copy of the record to the court as soon as possible.
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On receipt of the request, the Texas Department of Criminal Justice or the sheriff shall forward a copy of the record to the judge as soon as possible. The presiding judge may deny the motion without holding a hearing or may appoint a judge to hold a hearing on the motion. C Section D Section E Section F Section G Section H Section I Section A finds that there is sufficient information in the record to permit the meaningful exercise of sentencing discretion; and. B appears to the judge, through the judge's own observation or on the suggestion of a party, to have a mental impairment;.
The judge may not inspect a presentence report and the contents of the report may not be disclosed to any person unless:.
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The judge may also issue a subpoena to obtain that information. B Article 42A. C Article 42A. D Article 42A. The clerk shall deliver the postsentence report with the papers in the case to a designated officer of the Texas Department of Criminal Justice, to the extent required by Section 8 a , Article The assessment must be conducted using an instrument that is validated for the purpose of assessing the risks and needs of a defendant placed on community supervision.
The judge may impose any reasonable condition that is not duplicative of another condition and that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the defendant. In determining the conditions, the judge shall consider the extent to which the conditions impact the defendant's:. B all court costs, regardless of whether a fine is assessed;. A the actual costs, including any expenses and costs, paid by the county for the legal services provided by an appointed attorney; or. B if the defendant was represented by a public defender's office, the actual amount, including any expenses and costs, that would have otherwise been paid to an appointed attorney had the county not had a public defender's office;.
C pay a percentage of the defendant's income to the facility for room and board;. Certain criminal justice agencies will then be prevented from disclosing your criminal history record information to the public. You must file a petition for expunction or nondisclosure in the district court for the county in which you were arrested or in which the offense occurred. Cleaning up a criminal history can be complicated, and the law can change at any time.
If you are not sure whether your record qualifies for expungement in Texas—or for advice about your personal situation—you should contact a qualified criminal law attorney. A good lawyer can guide you each step of the way. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.