I'm no lawyer so placing a bet just for fun: looks to me like he took a plea deal and has been sentenced to community service (and probably probation)...

Judges?

Caveat: I'm no expert but that's never stopped me from weighing in...

Looks like there was a meeting at which a plea deal was proposed, but it was not accepted.

He then went before a judge and pled to something. The "deferred adjudication" may mean that it's like a suspended jail sentence: So long as he stays out of trouble for X months, and so long as he completes his community service, he won't go to jail. But if he gets in trouble again within that time frame or doesn't complete the community service then the jail time will be imposed. Happens all the time to low-level criminals, particularly on first offense.

I only know all this because someone very close to me was charged with a crime several years ago and went through a similar thing. Suspended jail sentence, community service. Here in California, there's something called P.C. 1000, which applies to first-time non-violent offenders. So long as the judge's conditions are met, after a year the charge just goes away (I think).

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War is god

i was thinking this also, however. on 5/18 it said he declined states offer so i'm assuming he was not offered probation at that time. would the state not offer probation if they think they have a strong case then offer it later? after the docket call it says he pled, i assume that means he pled guilty cuz not guilty would require a trial? so is he now a felon?

guess i won't be seeing him on locked up, texas.

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ΜΟΛΩΝ-ΛΑΒΕ
we're doomed

Looks like he pled in exchange for deferred adjudication. Basically it's a plea of guilty or no contest; judge imposes some conditions, which appear to include probation; if defendant satisfies those conditions for the specified period of time, they are done and there may be an opportunity to avoid having a formal conviction his/her record (though case and deferred prosecution arrangement often still appears on a person's history, so can show up on background checks for employment and such) .

https://texasdefenselaw.com/...-adjudication-texas/

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War is god

Not an expert on TX criminal law, but FWIW here's what wikipedia has to say about effect of deferred adjudication in TX: "In some states such as Texas, Deferred Adjudication is not treated as a criminal conviction as a matter of law; however, there is no easy way to remove the record of the case from one's background. This creates difficulties with private entities performing background checks such as employers and apartment complexes, as they can see the case, charge and its outcome, and often simply treat it the same as though it were a conviction for purposes of their review. Also, those who fill out an application for a Texas Concealed Handgun License (or any other state license with the exception of a Texas Driver License or state issued ID card) the Deferred Adjudication charge must be disclosed (for CHL applications if the Deferred Adjudication is over 5 years old the individual is eligible to apply but has to disclose their criminal past). To date the State of Texas has passed into law the Order of Nondisclosure where criminal justice agencies (law enforcement, community supervision e.g. probation) are prohibited from disclosing to the public criminal history record information related to the offense for which defendant successfully completed deferred adjudication community supervision. There are limitations where some criminal offenses (from sex offenses, family violence, dating violence) do not allow an Order of Nondisclosure to be filed - felony offenses (in the State of Texas) have a 5-year waiting period, some misdemeanors 2 years, and misdemeanors not listed under the 2-year waiting period can be filed immediately."

i had no idea you could get deferred adjudication for something like this. i got it one time for a traffic ticket but for felony charges...i had no idea.
so, he went to colorado back in '15, right after his arrest, to start a pot farm. being a felon in texas, will that affect his pot growing in colorado?
with felon's aren't guns and drugs pretty much a no-no?

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ΜΟΛΩΝ-ΛΑΒΕ
we're doomed

 
Cases are generally set for a pretrial then a jury trial. They use the pretrial for the two sides to attempt to agree on a plea deal. It doesn't usually work either due to a stubborn prosecutor or a defendant who refuses to plead guilty. The jury trial is a bigger deal. No one wants to go to trial, prosecutors hate it, judges hate it, defense attorneys especially hate it. There is a ton of work to go to trial so the urgency for a plea deal is much greater come jury trial date. It's just a big game of chicken. It can also come down to defense costs. Getting a client through arraignment and pretrial might be a flat fee, going to trial is going to make the costs go nuts, enough to convince the defendant that it isn't worth the money.

And yeah it is called a withheld judgement in Idaho. If you comply with all the terms of your sentencing in a given amount of time you can have the conviction removed from your record. You only get one so it has to be used wisely.

Again, I'm very much not a criminal lawyer much less one who practices in TX or CO. However, my limited understanding of TX deferred adjudication is that if you complete the conditions to the deferment then you aren't a convicted criminal. The case, the resolution of it, etc. may still be visible to those who look, but you wouldn't be a 'felon' because you weren't actually convicted.

Some Google fu on the application to get a pot license in CO seems to say that if you've been convicted of a felony you are not eligible to be licensed. Other criminal history - including arrests and charges - have to be disclosed but are not necessarily disqualifying. So if he's not technical a convicted felon under TX law, he may have to disclose the arrest, charge and disposition but may still be able to get a license in CO.

thanks for the replies y'all, learned a lot here. aaron's description of it being like a big game of chicken is quite surprising to me. i didn't know there was that much pushing and pulling and had no idea everyone hated jury trials!

this place is better than any wiki site. we should call this room wiki-twitch.
thanks all

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ΜΟΛΩΝ-ΛΑΒΕ
we're doomed

01/26/2017 Indictment (OCA) - This is the date he was indicted for the crime.

02/16/2017 Letter Of Representation - His lawyer made an initial appearance.

03/09/2017 State's Request for Disclosure of Experts03/21/2017 Standard Discovery Order03/21/2017 Scheduling Order03/22/2017 ARRAIGNMENT (9:00 AM) (Judicial Officer Towson, Craig)02/22/2017Reset by Court to 03/22/2017Result: Def Present - Arraigned03/22/2017 Judicial Docket Entry03/22/2017 Arrest on PC Warrant (Fee) - A bunch of procedural stuff.

03/22/2017 Commitment/Release (Fee) 03/23/2017 Bond Posted (Fee) - He posted bond and was released.

04/20/2017 Pre-Trial Hearing (9:00 AM) (Judicial Officer Towson, Craig)Result: Proceed to Next Setting - His pretrial. He pled not guilty.

04/20/2017 Judicial Docket Entry05/18/2017 Plea Negotiation (9:00 AM) (Judicial Officer Towson, Craig)05/16/2017Reset by Court to 05/18/2017Result: State's Offer Declined - He met with the district attorney. The DA offered a plea. He declined the plea offer.

05/18/2017 Judicial Docket Entry06/26/2017 Notice Of Trial07/06/2017 Docket Call (1:30 PM) (Judicial Officer Towson, Craig)Result: Pled - He had another pretrial conference on 7/6/17. He accepted the state's offer and plead out.

07/06/2017 Judicial Docket Entry07/06/2017 State's Notice of Compliance with CCP 39.14(J) - The DA complied with the Texas statute requiring disclosure of all evidence against the defendant.

07/06/2017 Plea Admon, Waiver of Rights & Judicial Confession of Def07/06/2017 Order of Deferred Adjudication07/06/2017 Order Imposing Conditions of Community Supervision - On 7/6/17, he plead guilty. He received an order of deferred adjudication. The means the case will not proceed, but will not be dismissed until he completes whatever he agreed to do. He will be assigned a supervisor (like a probation officer) to watch him and review the matter. If he complies with the terms, the charges will be dismissed.


07/06/2017 Certificate of Right of Appeal07/06/2017 Bill Of Costs07/06/2017 CJIS Form07/10/2017 CANCELED Jury Trial (9:00 AM) (Judicial Officer Towson, Craig)Case Disposed 06/12/2017Reset by Court to 07/10/2017 - He had to pay court costs. The jury trial set for 7/10 was cancelled.

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If there are no dogs in Heaven, then when I die I want to go where they went. - Will Rogers

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thanks for breaking that down. especially with the formatting.

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ΜΟΛΩΝ-ΛΑΒΕ
we're doomed