What is deferred adjudication in Texas? If you are charged with a criminal act in Texas, you case will normally start out with the State and your attorney discussing the evidence and possibilities of resolving your charges. You have the right to fight the charges against you through a trial. But, depending upon the evidence against you, it may be in your best interest to seek an alternative resolution. One of these outcomes might be deferred adjudication in Texas.
Not all charges allow for a resolution of deferred adjudication. If you are charged with driving while intoxicated, you are not eligible for this resolution. Other crimes which are ineligible include murder, kidnapping and crimes where a person would have to register as a sex offender.
Requirements for Deferred Adjudication
Deferred adjudication is not a right. All the parties, including the judge must agree to it. The parties may present this resolution to the judge, who will then take it into consideration. It requires that you either plead guilty or no contest to the charges against you.
If, in the judge’s opinion the best interest of society and the defendant will be served, the judge may, after receiving a plea of guilty or nolo contendere, hearing the evidence, and finding that it substantiates the defendant’s guilt, defer further proceedings without entering an adjudication of guilt and place the defendant on deferred adjudication community supervision.
You will then be placed on probation. You must abide by and complete all the terms of your probation. If you fail to do this, the state may seek terminate your deferred adjudication and move forward convicting you of the charges. If you complete the terms of your probation, the judge will dismiss the charges against you.
Conclusion
Deferred adjudication is not a conviction. But, the charge will still show up on a criminal background search. Make sure that you discuss with your attorney and that you understand the outcomes of any decision that you make.
