Representing The People Of Austin
Have you been arrested for the first time in Austin, Texas? You are likely worried about what's in store for you and must be anxious for your court date. If convicted of whatever crime it is you allegedly committed, you could face jail, fines, community service, among other requirements and penalties that would make up your sentencing order. It's scary -- but an experienced, skilled criminal defense attorney can guide you through the process, help you find alternatives to jail, and help you avoid a criminal conviction and a criminal record.
Jason English, first-time offender lawyer Austin, understands how difficult and stressful a first-time offense can be. He is here to fight for your rights and freedom and pursue the best outcome in your unique situation.
Options for First-Time Offenders in Austin, TX
First-time offenders in Texas may be able to avoid serving time in jail through participation in first-time offender programs. First-time offender programs are meant to help rehabilitate offenders, prevent recidivism, and reduce overcrowding in jails. These programs generally require that participants agree to drug testing and participation in classes, treatment, or probation. Qualifying for a program is often dependent on the crime and its classification as a misdemeanor or felony.
First-Time Offender Programs: Eligibility and Long-Term Benefits
First-time offender programs in Texas offer an opportunity for individuals with no prior criminal history to avoid a conviction and its lifelong consequences. To be eligible, the offender must typically have committed a non-violent offense, such as drug possession, theft, or certain DWI cases. Additionally, eligibility often requires that the individual has not previously participated in a diversion program.
Offenses like minor drug charges or shoplifting are common examples where first-time offender programs may apply. These programs can include probation, community service, or rehabilitation courses instead of jail time. Successful completion of the program often leads to the dismissal of charges, which can later be expunged from the record.
The long-term benefits of these programs are significant. Avoiding a criminal record can protect future employment opportunities, housing eligibility, and professional licensing. Participating in a first-time offender program provides the chance to learn from mistakes without the burden of a permanent conviction.
Misdemeanors & First-Time Offender Options
Misdemeanors are divided into classes, from A to C. Class A misdemeanors are the most serious and carry fines of up to $4000, jail time of up to one year in county jail, and probation of up to two years or three years with an extension. Examples of Class A misdemeanors include:
- perjury
- assault with bodily injury
- resisting arrest
- carrying a weapon unlawfully, or
- second offense driving while intoxicated (DWI).
Class B misdemeanor convictions can result in up to 180 days in county jail. These offenses include crimes like:
- criminal trespassing
- indecent exposure, and
- possessing two ounces or less of marijuana.
Class C misdemeanor convictions do not result in jail time, but you could face a fine. Examples of Class C misdemeanors include:
- traffic violations
- public intoxication, and
- gambling.
In Texas, first-time misdemeanor offenders can participate in first-offender programs, which include the following.
- Intervention, where the attorney intervenes with the prosecution prior to formal charges filed. An experienced attorney may argue on your behalf that you have an otherwise clean record and that this incident was a one-time mistake. Depending on the circumstances, the prosecution may decide to drop or reduce the charges.
- Pretrial diversion program, where first-time offenders who committed nonviolent misdemeanors can complete a program, and if done successfully, can have the charges dismissed and immediately request for expunction.
- Deferred adjudication, where first-time offenders agree to a plea deal and are placed on probation, and if successfully completed, can have the case dismissed and can -- after a period of time -- request non-disclosure.
- Specialty courts, where the first-time offender's case is heard by a specialty court, usually indicating a drug or alcohol problem. The intent of these programs is rehabilitation classes and community service in place of jail.
What You Need to Know Before Hiring any Criminal Defense Lawyer
Felonies & First-Time Offender Program
Felony offenses are the most serious type of criminal offenses. In Texas, punishment can be harsh and are in accordance with the degree of the felony. Felonies can be charged as state jail felonies, a third-degree felony, a second-degree felony, or a first-degree felony. Penalty range is wide and diverse, from jail sentences starting at 180 days to life in prison to fines in excess of $10,000. For some first-time felony offenders -- primarily drug offenders -- there is the potential for a reprieve.
The Felony Pretrial Diversion Program is used only when strict eligibility criteria is met. If met, the program could involve:
- counseling
- restitution
- community service restitution, and
- other appropriate conditions.
Plea Deals vs. Trial for First-Offenders in Austin
The programs for first-time offenders of either misdemeanors or felonies most often require the defendant to plead guilty via a plea deal. Sometimes, though, defendants want to fight the charge.
A first-time offender will rely on his or her attorney to advise strategic options. If the prosecutor offers a defendant a plea deal, it will be important to consider whether if it is the best option considering the circumstances.
A plea deal has benefits, but it is not for every defendant. A plea deal may involve lesser charges and lower penalties. It also saves time and resources. But it can still involve jail time, fines, and probation -- and will leave you with a criminal record, which can impact your future. If a defendant has a good case or wants to fight the charge at all costs, a trial may be more beneficial and is the only way to avoid a conviction if successful.
Resourceful First-Time Offender Lawyer Austin, TX
Ultimately, it is essential for a first-time offender to have a trustworthy, competent lawyer who is able to weigh the evidence and specifics of the case to determine the most effective way to proceed. Only an experienced, aggressive negotiator can fight for a client's best interests. Whether that involves obtaining a favorable plea bargain and/or advocating for a first-time offender program, the ultimate goal is to achieve the best possible outcome. Contact Jason English today at 512-454-7548 or online for an initial consultation.
Jason S. English has been recognized as one of the top Criminal Defense Lawyers in Austin.
Frequently Asked Questions About First-Time Offenses in Texas
Will I Go to Jail for a First Offense?
Not necessarily. Texas offers several alternatives to jail time for first-time offenders, especially for non-violent crimes. Through pretrial diversion programs, deferred adjudication, or plea agreements, many first-time offenders can avoid incarceration. The likelihood of avoiding jail time depends on factors like the nature of the offense, circumstances of the arrest, and having proper legal representation.
Will a First Offense Appear on My Record?
Initially, yes, but there are ways to prevent it from becoming a permanent mark. Through successful completion of first-time offender programs, many charges can be dismissed and later expunged from your record. Some programs also offer non-disclosure options, which seal the record from most public view.
What Programs Are Available to First-Time Offenders in Texas?
Texas offers various programs tailored to first-time offenders, including pretrial intervention programs, specialty court programs for substance-related offenses, and deferred adjudication. Each program has specific eligibility requirements and completion criteria. Many include components like counseling, community service, drug testing, and educational courses.
How Long Do First-Time Offender Programs Typically Last?
Program duration varies based on the offense and specific program requirements. Most programs range from 6 months to 2 years. Successful completion within the designated timeframe is crucial for achieving the benefits of charge dismissal and potential record clearing.
If you are a First-Time Offender recently arrested in Austin, you need the right lawyer to help you and protect your future. No one calls us because they have been arrested, but they call us because of what the arrest can do to their future. Jason S English Law, PLLC handles First-Offender misdemeanor and felony criminal cases as a part of its practice - we know how to prepare your case to meet your goals. Call now at 512-454-7548 to get the help you need for you and your future.
