P
pris
Guest
Accept a plea even if charge is more than actual just to get deferred adjudication?
Harris County, Texas. My husband is in jail on a charge of "Aggravated Sexual Assault, Child Under 14". Case was investigated with the Children's Protective Service in which he cooperated fully. He was not advised of any of his rights, we did not have any attorney present. He was
arrested two months after CPS investigation. His court-
appointed lawyer says it's better not to go to trial because the system will believe the girl. My husband admits guilt but not to the "Aggravated" charge but to "Indecency with a Child", just external touching. The District Attorney is "considering" offering Deferred Adjudication probation if he pleads guilty to what he's charged (he hasn't even been arraigned, apparently they want to work a deal before they go before the judge). There is a BIG difference in those two charges. My husband doesn't want to plead guilty to something he didn't do. Apparently as far as the law is concerned here, both are felonies; 1 and 2. The question is: Should he go ahead and plead guilty to the "Aggravated" charge and get the Deferred? Are there any differences in sentencing between the two if probation is revoked? If he tries to bring them down to "Indecency", will they recant the offer? (Our attorney is not very helpful, that's why we are asking these questions.)
Harris County, Texas. My husband is in jail on a charge of "Aggravated Sexual Assault, Child Under 14". Case was investigated with the Children's Protective Service in which he cooperated fully. He was not advised of any of his rights, we did not have any attorney present. He was
arrested two months after CPS investigation. His court-
appointed lawyer says it's better not to go to trial because the system will believe the girl. My husband admits guilt but not to the "Aggravated" charge but to "Indecency with a Child", just external touching. The District Attorney is "considering" offering Deferred Adjudication probation if he pleads guilty to what he's charged (he hasn't even been arraigned, apparently they want to work a deal before they go before the judge). There is a BIG difference in those two charges. My husband doesn't want to plead guilty to something he didn't do. Apparently as far as the law is concerned here, both are felonies; 1 and 2. The question is: Should he go ahead and plead guilty to the "Aggravated" charge and get the Deferred? Are there any differences in sentencing between the two if probation is revoked? If he tries to bring them down to "Indecency", will they recant the offer? (Our attorney is not very helpful, that's why we are asking these questions.)