Question: Is It Smart To Appoint A Court Appointed Lawyer If The Charge Your Facing Is Injury To A Child – SBI?
Brian’s Answer: If your boyfriend is below the poverty level, then he will likely qualify for a court-appointed lawyer. If he makes too much money, he may not be eligible. If he is eligible for a court-appointed attorney and you don’t have the funds to hire one on your own, then absolutely he should try to get a court-appointed attorney. Many of them are very good, and even an inexperienced lawyer is probably better than no lawyer at all. If for whatever reason he doesn’t qualify, he should still retain an attorney. Find a way to get the money. This is a serious charge, and you do not want to go it alone.
Question: Completed his probation and case still not dismissed?
Brian’s Answer: Successful completion of a deferred adjudication does not result in a true dismissal. With an actual dismissal, your boyfriend would be eligible for expunction, which legally makes it as though he was never charged. With deferred adjudication, your boyfriend entered a plea of guilty but since he successfully completed his probation the court did not enter a finding of guilt. After the appropriate amount of time passes he will be eligible for non-disclosure.
Non-disclosure is similar to expunction in that his felony will disappear from his public record, but expunction is arguably better since law enforcement would also be unaware of his theft charge in the event he ever was arrested again. That is not the case with a nondisclosure. However, even with nondisclosure, future employers or other people checking his background would not see the felony charge in a background search.
In either case, your boyfriend should hire an attorney to file the appropriate petition for him.
Question: I rec a DWI Oct 2016 and now going to court for lower case Reckless driving what will happen as punishment?
Brian’s Answer: Are you sure it’s set for trial? The State doesn’t usually reduce to a lesser charge unless there is an agreement to plead. If so, it’s a lesser charge, and you may be able to receive deferred adjudication too (you would not be able to for a DWI.) In fact, that’s probably what happened. Your attorney likely negotiated your DWI down to a reckless driving charge and was able to get you deferred adjudication. If so, there is no trial because you already plead. I would reach out to your attorney to make sure.
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