Cameron County Precinct 1 Constable Jose "Joe" G. Maldonado Jr. will resign from his position on Jan. 2, one day after he takes office following his November general election win, according to the Cameron County District Attorney's Office.

In exchange for his resignation, the district attorney's office will not file criminal charges against Maldonado pertaining to an October incident in which he let a friend fire his county issue weapon.

Authorities said Maldonado was also intoxicated at the time of the incident, which occurred outside a residence in San Benito.

District Attorney Armando Villalobos said the agreement was reached Wednesday afternoon between his office and Maldonado's attorney, Eduardo Lucio.

"We have to think of what is best for the county," Villalobos said.

The two sides had been in negotiations for the past few weeks.

Villalobos said this was the quickest option in which to resolve the case by the end of the year. Had the district attorney's office opted to try and officially remove Maldonado from office, the process would have taken much longer requiring several hearings before a state district judge, he said.

"This should be a pretty seamless transaction," Villalobos said.

However, if Maldonado fails to fulfill his obligation, the district attorney's office will follow through with criminal charges of deadly conduct and public intoxication, Villalobos said.

Maldonado could not be reached for comment late Wednesday.

Cameron County Judge Carlos H. Cascos said he plans to have an agenda item pertaining to Maldonado placed on next week's county commissioners court meeting.

Once the commissioners court is briefed on the situation and commissioners receive Maldonado's official resignation letter, commissioners can appoint someone to hold the position until the next county election, Cascos said.

The next county election is in 2010 and whomever is appointed would have to run during that election to finish Maldonado's term, which ends in 2012.

Maldonado was appointed to the Precinct 1 Constable's seat on Nov. 10 to finish the term of Constable Saul P. Ochoa, who was convicted on Sept. 11 on a charge of distributing marijuana. Ochoa was sentenced to 57 months in federal prison.

Maldonado, who was the Republican Party's nominee, won the position during the Nov. 4 general election, edging out Ochoa 2,796 to 2,122 votes respectively.