Texas law allows for those brought up on trial for drug crimes to remain
in the community instead of going to jail or prison through state-deferred
adjudication. The length of time the accused will be asked to remain on
deferred adjudication depends on the type of crime that was committed.
By the end of their term, they will not receive a conviction for the crime.
Why Deferred Adjudication is a Good Option
Deferred adjudication is often offered to first-time offenders who have
pled guilty or no contest, but do not seem likely to repeat their crime
again. If they successfully complete all the requirements for their deferred
adjudication, they will avoid a criminal conviction.
There are two major benefits to a deferred adjudication:
- It avoids many of the penalties that come with a criminal conviction, such
as a driver's license suspension; and
- A petition of non-disclosure can be filed following successful completion
of the program that can prevent employers, schools, landlords, and others
from finding out about the charge.
For a misdemeanor crime, a judge can order up to two years of deferred
adjudication. A felony crime may carry up to 10 years. This will involve
supervision by the court where the accused may be asked to submit to drug
and alcohol tests, remain employed, and participate in community service.
In some cases, reduced jail time may be ordered to accompany the other
When a case goes to trial, it loses the capacity to be eligible for deferred
adjudication. Working with a drug defense attorney can help determine
if appealing to the judge for this punishment is a good alternative for
their situation. Should the terms of the deferred adjudication be broken,
the judge can immediately find the accused guilty and sentence them to
For those that find deferred adjudication to be an option and feel they
can successfully complete the terms of this punishment, it is a great
way to prevent a criminal charge from staying on your record. If you are
wondering if you may be eligible for a deferred adjudication, call the
defense attorneys at Zendeh Del Law Firm, PLLC. We can answer any questions
you have and defend you against charges leveled against you.