You’re probably familiar with the term “probation,” which is called “deferred adjudication” under the Code of Criminal Procedure 42.12, Sec. 5 in Texas. Deferred adjudication is a type of community supervision that is ordered by a judge.
If you were charged with a crime and the judge gave you deferred adjudication, it would mean that you would have to accept responsibility for the crime and in exchange, the crime would not go on your record. In other words, your criminal record would not show an actual conviction.
“Can I get deferred adjudication if I go to trial?” No, it doesn’t work that way. Only judges can grant defendants deferred adjudication. In order for a defendant to get deferred adjudication, the prosecutor and the defendant would have to enter into an agreement where they’d both waive the jury trial.
What Are the Eligibility Requirements?
So, who is eligible? Anyone who is charged with a misdemeanor (as long as it’s not for DWI or boating while intoxicated), and anyone charged with a felony (as long as it’s not DWI-related). Additionally, you are NOT eligible if you’re charged with any of the following:
- Intoxication assault or intoxication manslaughter.
- A repeat drug offense that has been enhanced because it involved a school zone.
- A repeat sex offense for sexual assault, aggravated sexual assault, or indecency with a child.
Texas is very harshon crime and you don’t want to face the full wrath of the criminal justice system. If you are facing misdemeanor or felony charges and your offense does not disqualify you, it’s worth finding out if you’re eligible for deferred adjudication. It’s also wise to explore your defense options and find out if there are other tactics that could get your case dismissed.
Related: Should I Represent Myself in Court?
To discuss your defense options, contact our Plano criminal defense firm to set up a meeting with a member of our legal team. Get the best on your side!