Two defendants each accept "eighteen months probation." One walks away with a sealable record and intact gun rights; the other has a permanent conviction with a family-violence finding and a lifetime firearms ban. Same headline, different deals. Brian Foley explains the terms that matter in this video.
The charge
Which statute you plead to determines everything downstream. A reduction from assault family member to a non-family assault, from a felony to a state jail felony, or from DWI to obstruction of a highway changes the collateral consequences entirely.
Deferred adjudication vs. conviction
Deferred adjudication is a plea without a finding of guilt: complete supervision, and the case is dismissed and usually sealable. A conviction is permanent and, for most offenses, not sealable. Prosecutors treat the two as different currencies, and so should you.
Affirmative findings
A family-violence finding (Code of Criminal Procedure Art. 42.013) triggers the federal firearms ban and makes the next case a felony. A deadly-weapon finding (Art. 42A.054) eliminates parole eligibility until half the sentence is served and bars judge-ordered probation. Whether a finding is entered is negotiable, and it is often the most important term in the agreement.
Conditions
Jail as a condition of probation, interlock, BIPP, drug testing, no-contact orders, community service hours, restitution, fines, and court costs. Each is negotiable; each has a cost.
Sealing eligibility
Whether the outcome can ever be expunged or sealed depends on the charge, the disposition, and the findings — and on details like a DWI BAC finding or an interlock term. A plea negotiated with sealing in mind is worth more than one that was not. See sealing eligibility.
Collateral consequences
Immigration, professional licenses, driver's license, firearm rights, housing, and employment. A plea that is fine for one client is catastrophic for another. The lawyer's job is to know which client you are before negotiating.
Brian Foley and Luis Baez drafted these agreements as prosecutors and know where the terms hide. Call or text (713) 703-1718.