I don't know where you get that information, ...
.... but that is legally (and factually) incorrect.
Originally Posted by LexusLover
I got that information directly from the Judge who sat there and told me that due to the nature of the offense, I was not eligible for Deferred Adjudication. Mind you... I have no criminal history-- clean as a whistle, so there were no special conditions here either.
Mind you, I had sat in the court for over an hour, watching all the people who were in front of me, many for Class B and A Misdemeanors... all who were offered the option of Deferredt Adjudication with the right to expungement after 6 months. I had decided while sitting-- that rather than fool with the legal system, I'd just take that option and get past it all.
When it was my turn.. I went up-- and was told precisely what I stated earlier.. that it was not an option available to me. Of course, that pissed me off and I decided, at that moment, to fight.
I fought without a lawyer. Demanded a jury trial. Had 3 separate pre-trial meetings when I pointed out a small hole in the case, they realized I wasn't backing down and the case was dropped. I got my bail money back (yep.. they booked me over the bullshit).. and went on with my life.
So in my case.. it really had nothing to do with a lawyer giving me misinformation-- as I never had one. Those words came straight from the Judges mouth, and were repeated later by the township Attorney. Both also gave the impression that it was that way across the board in Texas.