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Motion to adjudicate guilt - Reckless Driving

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JwresB

Junior Member
I was arrested back in 2008 in Texas for Reckless Driving due to a state trooper clocking me in 116 mph. I paid the bail bond fees and went to my court dates. I was placed on 12 month deferred adjudication and I had to visit a probation officer once a month. I didn't go to my probation visits and I just got a letter of "Motion to Adjudicate Guilt - Reckless Driving". What is my outlook for the motion charge and should I get a lawyer? Thanks.
 


Zigner

Senior Member, Non-Attorney
I was arrested back in 2008 in Texas for Reckless Driving due to a state trooper clocking me in 116 mph. I paid the bail bond fees and went to my court dates. I was placed on 12 month deferred adjudication and I had to visit a probation officer once a month. I didn't go to my probation visits and I just got a letter of "Motion to Adjudicate Guilt - Reckless Driving". What is my outlook for the motion charge and should I get a lawyer? Thanks.
We can't guess the outcome. I would speak to an attorney if I were you, as this is a misdemeanor and you can lose your license too.
 

JwresB

Junior Member
Thanks for the reply. Only reason I'm concerned about hiring an attorney right off the bat is I'm worried they're going to just try to scare me into hiring them. What does a motion do adjudicate guilt mean exactly and could I be facing some jail time? I have no other offenses on my record besides this charge.
 

quincy

Senior Member
I was arrested back in 2008 in Texas for Reckless Driving due to a state trooper clocking me in 116 mph. I paid the bail bond fees and went to my court dates. I was placed on 12 month deferred adjudication and I had to visit a probation officer once a month. I didn't go to my probation visits and I just got a letter of "Motion to Adjudicate Guilt - Reckless Driving". What is my outlook for the motion charge and should I get a lawyer? Thanks.
You were charged in 2008 and only now are getting a motion to adjudicate guilt?

There may have been changes in the law in the past 10 years but today, in order to be eligible for deferred adjudication, you must plead guilty (or no contest) to the charges filed against you. A conviction on the charge is not entered, however, if you comply with all conditions set for you by the court. If you satisfy these conditions, the charge is dismissed and you have no criminal record to haunt you in your professional and personal life.

If you do not comply with the conditions of the court, your guilty plea can be entered and you have a criminal record.

Although it took Texas awhile, it appears that your guilty plea is about to be entered and you will have a criminal record. It would be smart for you to see an attorney.
 

CavemanLawyer

Senior Member
The possible punishment for reckless driving is up to 30 days in jail or a $200 fine. When you accepted deferred adjudication you entered a plea of guilty or no contest which admits that there is sufficient evidence that you are guilty. The court deferred finding you guilty and placed you on deferred probation. If you violate the probation they file a motion to adjudicate your guilt. Now the State only has to prove to the Court (not a jury) by a preponderance (more likely than not) that you violated your probation. If they do so the Court can do several things. They can keep you on deferred and modify the conditions of your probation, or they can adjudicate your guilty and either place you on probation again or sentence you to anything up to the maximum punishment I stated above.

Its always a good idea to try to avoid a criminal conviction in Texas because it is permanent, but it sounds like you've got a pretty uphill battle considering that you didn't show up to probation. Its not exactly hard to prove that you stopped showing up. Worst case scenario is you are sentenced to 30 days in jail which means you actually serve 15 days. You also will get credit for your initial time in jail for the original arrest. You could also be required to pay up to the max $200 fine plus court costs which will likely be more than the fine itself. Now, whether it is worth it to you to hire an attorney to try to avoid or mitigate this is up you.
 

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