Sometimes as a Houston Defense Lawyer I get in discussions with prosecutors that I can not believe are serious discussions. For example, earlier this week I was arguing with an assistant Harris County District Attorney who wanted to send my client to prison without justification. My client was initially charged with aggravated sexual assault. He was eventually given deferred adjudication by the court. Subsequently, he was transferred to another jail facility that kept him in custody for over a year. Accordingly, he was unable to perform what was expected of him while on the deferred adjudication because he was in jail. For some reason, the District Attorney's Office filed a motion to adjudicate him and send him to prison for failing to comply with his terms of probation. When I received the case I could not believe that a motion was filed since he was unable to do anything while in custody. Also, it was agreed upon by everyone that he was indeed "locked up" during all this time. I was more surprised that the prosecutor wanted my client to accept her prison time offer. I tried to explain to her that my client had not done anything wrong after he received the deferred adjudication to warrant him going to prison. Her response was that he could take a "sweet deal" or get something much worse when he comes back on a more serious violatioin. Once I realized that she was not kidding we had to have a hearing before the judge to determine if my client should go to prison or not. Luckily, the Judge was just as surprised as I was that a motion was filed in this instance and could not see why he should send a person to prison that has not had the opportunity to do their probation.