Deferred adjudication is a unique type of probation that gives a person an opportunity to keep their conviction off their criminal record. After pleading guilty, a judge may opt not to enter a finding of guilt but rather place you on deferred adjudication probation. In other words, deferred adjudication is a kind of delayed judgment.
Deferred adjudication can only be granted by a judge, so if a defendant chooses to try their case in court, they will not be able to receive deferred adjudication from a jury.
Deferred adjudication is typically only offered to 1st-time offenders. It’s often considered to be a better deal than probation because if the defendant manages to complete their probationary period successfully, they are declared innocent of the accused crime.
Is deferred adjudication a conviction?
Deferred adjudication is a type of probation in which a defendant is given a certain period of time to change their behavior to avoid jail time. In deferred adjudication, the court delays or postpones a judgment in a case until such a time that they are certain the defendant can abide by the terms of their deferred adjudication probationary period.
Rather than immediate conviction, deferred adjudication allows a defendant the opportunity to enter into community supervision. Eligibility to apply this law is based on an individual’s case and prior criminal record.
Deferred adjudication can quickly turn into a conviction if the accused person fails to abide by any of the terms issued by the judge. As such, it may not always be wise to pursue a deferred adjudication depending on the circumstances of your case.
Similarities between probation and deferred adjudication
Deferred adjudication is similar to probation in that they are both a type of community supervision in which you will be required to fulfill certain requirements. Community supervision allows a defendant to go back into the community and be supervised by the court rather than serve jail time. Community supervision typically ranges from 2 years for a misdemeanor to 10 years for a felony.
The court will issue requirements for community supervision. For instance, a judge may require that the convicted person be employed, submit to regular drug testing, carry out assigned community service duties, report to their probation officer on a regular basis and stay in a specific state.
Differences between probation and deferred adjudication
Probation and deferred adjudication are similar in many ways, but they each have notable drawbacks, so it’s vital to understand the major differences between them.
The biggest downside with deferred adjudication happens if you don’t fulfill the terms of your probation. With regular probation, a judge gives you a sentence that will be imposed if you violate your probationary requirements. So if you plead guilty to a crime and accept a deal for 2 years of jail time, that’s the most time you’ll have to serve if you violate the terms of your parole.
In deferred adjudication, however, the judge is essentially delaying judgment of your guilt. So if you’re given deferred adjudication, and you violate the terms of your parole, the judge will be permitted to find you guilty of the original crime and can sentence you to any amount of jail time they choose that is permissible under that law. This means you could ultimately end up with a longer jail sentence than someone who plead guilty, accepted a plea bargain and was given traditional probation.
How long does deferred adjudication last?
The duration of deferred adjudication is largely dependent on specific situations or circumstances but typically lasts 1 or 3 years, similar to probation. A court will usually consult with the defendant’s attorney when it comes to determining the length of deferred adjudication.
What happens after a person completes their deferred adjudication?
The most common misconception about deferred adjudication is that its successful completion leads to the removal of one’s criminal record. This is not necessarily true.
After successfully completing your deferred adjudication, the deferred adjudication will still show in your record. The main difference between probation and deferred adjudication is that you have an opportunity to file a petition so that the criminal record can be sealed.
The responsibility of removing the adjudication lies squarely on the accused. It’s not something that happens automatically. You’ll need to hire a lawyer and file a petition for nondisclosure to seal your criminal record so that no one will be able to access it in the future.
It’s also important to know that not all offenses qualify for nondisclosure. For example, any case involving family violence is ineligible for nondisclosure, and other cases are eligible only after a waiting period, which varies depending on the offense.
It’s always important to work with a lawyer when seeking an alternative for a jail term. Going it alone can leave you at the mercy of a judge. An experienced criminal defense lawyer will work closely with the judge and advocate for you to receive the fairest sentence possible.