Can I get a deferred disposition with a plea/partial paymentKerr County, Texas

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Can I get a deferred disposition with a plea/partial paymentKerr County, Texas

I was arrested in Kerr County, Texas last week on March 9, 2016 for Class C
Misemeanor with a friend. The offense was Public Intoxication. My friend and I
were stranded on a rural road in Center Point, Texas. His car ran out of gas
and we wanted assistance to refill his car with gas.

We had drank but quite a bit earlier before the deputy was at the scene.

A deputy saw the broken down car and detained us.

One deputy separated myself from my friend. I was given a basic sobriety test
with a pen light. The deputy does not state if I passed or failed it. No
blood/breathalyzer tests were conducted. He immediately places me under arrest
for public intoxication.

My friend is later arrested by the other deputy.

We spend a day in Kerr County jail then released on March 10, 2016.

I make a choice of pleading no contest and making a partial payment of the fine
for public intoxication in the Kerr County Justice of the Peace Precinct 2
clerk office.

I do not know, if I could request a deferred disposition despite making a plea
and partial payment. Can I still request one? A deferred disposition. My case
still says ‘Filed’ on Kerr County public records when I did a search.

Asked on March 17, 2016 under Criminal Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I'm not real clear from the wording of your question on whether or not you have entered a plea already.... so I'm going to answer your question both ways.
If you have not entered a plea, it is possible to get a deferred disposition.  You can also see if any diversion programs are available that would assist you in obtaining a dismissal. 
If you have entered a plea, it is very difficult to undo the plea. However, depending on how your plea was structured, you may still be able to get a non-disclosure order or expunction.  Take your plea papers to a criminal defense attorney who handles expunctions to see if your are eligible for an expunction or if there is something with paperwork such that you may be able to get a better deal.

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