If you have been charged with an offense subjecting you to the possibility of incarceration in a jail or prison, your most important affair is to figure out if you can avoid incarceration. The best outcome is obviously a dismissal or a not guilty. Winning solves a lot of problems.
A dismissal or a not guilty is the best possible outcome. Convincing the prosecution that they should consider dismissing your case is art. Convincing a jury to find you not guilty is art at a much finer level. Some of the common things lawyers do for their clients are all part of a lawyer's craft, but other subtle things creative lawyers do make the pursuit of truth and justice meaningful. The evaluation of a client's problem, preparation, awareness of the overall responsibilities and interests of the respective parties involved, the development of a union with his client and perseverance are all stimulating means that endeavor to make the best outcome possible. Getting sincere gratitude after conducting a "long and difficult ride" with a client and their family is a reason why attorney Troy Locklear loves his job and why he feels blessed. Sincere gratitude happens after a dismissal or not guilty. The other ways of avoiding incarceration may be positive but the difference is that the lawyer and the client do not walk out of the courtroom together (the client remains in the Court to discuss terms with a probation officer and the client is still under the thumb of the Court) - together is Troy Locklear's approach to practicing law.
The facts and law may be against you; the prosecution may be unwilling to dismiss your case; and discretion being the better part of valor may make trial not the best option. Sometimes even when all the parties know that the facts and law are against the defendant and that conviction is likely, the prosecution will still consider other outcomes that are positive for the defendant.
Pre-trial Diversion is the next best thing to a dismissal or not guilty. Pre-trial diversion is like a desk drawer probation. Your case is basically reset for some amount of time, for example a year, and during that period you must comply with terms and conditions. At the successful completion, your case is dismissed. In Harris County, pre-trial diversion has historically been limited to a relatively few amount of cases. There appears to be more cases in which the Harris County District Attorney is considering using pre-trial diversions, including people charged with DWI that have absolutely no criminal history.
Deferred adjudication (not deferred adjudification) may be the next best thing to pre-trial diversion. Adjudication in this context is the finding of guilt. The judge, when granting deferred adjudication, finds that there is enough evidence to find you guilty but defers the finding of guilt conditioned upon the defendant successfully completing terms of community supervision. The carrot making deferred adjudication appealing is that if the period of community supervision is completed successfully, then there is no finding of guilt and in most cases non-disclosure may eventually be an option. The stick making deferred adjudication less appealing is that if a term of the community supervision is alleged to be violated, the judge alone has the power to incarcerate you for the full range of punishment. So if a defendant agrees to deferred adjudication for a 7 year period on a 1st degree felony, the judge has the power to sentence the defendant to life upon the finding of a violation.
Straight probation is similar to deferred adjudication except the carrot is that the maximum the judge can sentence the defendant to is the period of probation. So if you are on a 7 year probation for a 1st degree felony and the judge makes a finding of a violation, the most time to which the Judge can sentence you is 7 years in prison. The stick on the front end to a straight probation is that the defendant is found guilty and the conviction will never come off of the defendant's record.
Treatment: There are a number of treatment options a Court may consider in lieu of jail or prison.
Expunction is a process to remove offense(s) from a record and have the agencies that maintain records related to the offense ordered to destroy the records. If you have had a case dismissed or were found not guilty, contact Troy Locklear to inquire if your record is eligible for expunction.
Non-disclosure is a process that allows a person who has successfully completed deferred adjudication to seal the records of the offense from non-governmental entities. If you have successfully completed a deferred adjudication and would like to inquire about non-disclosure, contact attorney Troy Locklear.
