Montgomery County Criminal Defense Attorney - Zapata V. State Findings of Family Violence

Montgomery County Criminal Defense Attorney - Zapata V. State Findings of Family Violence

Understanding the Impact of Zapata v. State on Deferred Adjudication Pleas in Family Violence Cases

Hello, this is Brian Foley, your favorite Montgomery County criminal defense attorney. Today, I want to delve into a significant Court of Criminal Appeals case that could affect how we handle plea bargains in cases involving family violence: Zapata v. State.

The Case at Hand

Zapata v. State addresses a critical question: Can a judge make a finding of Family Violence during a plea bargain when the defendant accepts a deferred adjudication community supervision plea? The short answer is yes.

Here's the backstory:

In this case, a defense attorney argued that a judge could not make an affirmative finding of Family Violence in a deferred adjudication scenario because such a plea does not result in a "judgment," which is where the code specifies these findings can be made.

The trial judge allowed this particular issue to be appealed for clarity, leading to the case being heard by the Texas Court of Criminal Appeals.

The Ruling

The Texas Court of Criminal Appeals ruled that, indeed, a judge can make a finding of Family Violence even when adjudication is deferred. This ruling came despite previous interpretations by some courts that suggested otherwise.

Why This Matters

This ruling has significant implications:

Enhancement of Charges: A finding of Family Violence in any charge under Chapter 22 of the Texas Penal Code can be used to enhance the penalties of future crimes. For instance, if you have a prior conviction for something like terroristic threats and there’s a Family Violence finding, a new case involving bodily injury to a family member could escalate from a misdemeanor to a third-degree felony.

Broader Definition of Family: The term "family" in this context isn't limited to biological family but includes those in dating relationships or sharing living quarters, like college roommates.

Long-term Consequences: Even if your case ends with a dismissal after deferred adjudication, the Family Violence finding remains in the court's records. This can be used against you in future legal proceedings to enhance charges.

Practical Advice for Defendants

If you find yourself charged with a crime potentially involving Family Violence:

Seek Expert Legal Representation: It's crucial to have an attorney well-versed in Texas criminal law, especially one familiar with the nuances of deferred adjudication and how findings can affect future cases.

Understand the Plea: Make sure you fully understand what a deferred adjudication plea entails and how it might impact your future, even if your current case results in a dismissal.

Prepare for the Long Haul: Even if you avoid immediate penalties, the implications of a Family Violence finding can follow you. Your defense strategy should consider this long-term perspective.

Conclusion

The Zapata v. State decision clarifies that judges have the authority to make findings of Family Violence during deferred adjudication pleas, which can significantly impact your legal future. As your defense attorney, my job is to navigate these complexities to safeguard your rights and future.

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