What Is Deferred Adjudication in Texas?

If you have been charged with a criminal offense, you may have heard about deferred adjudication as a possible outcome. Our Texas criminal defense attorneys help clients understand whether this option may be available and work to pursue the right resolution for their cases.

Understanding Deferred Adjudication in Texas

Outlined in the Texas Code of Criminal Procedure Article 42A.101, deferred adjudication is a type of probation that may be available after a person pleads guilty or no contest (also referred to as nolo contendere) to a criminal charge. Instead of finding the person guilty right away, the judge delays that decision and places them on probation with certain rules they must follow. A judge can choose this option if they believe it is best for both society and the defendant.

If the defendant successfully completes probation, the case may be dismissed without a conviction. 

However, some people are not eligible for deferred adjudication, including those charged with certain serious crimes like major drug offenses, intoxication offenses in specific situations, repeat offenders for certain sexual or exploitation crimes, and certain homicide-related offenses. In some murder cases, a judge may still allow it only if they find the person did not intend to kill or expect a death to happen.

What Are the Conditions of Deferred Adjudication?

The terms of deferred adjudication vary depending on the offense and the court’s order. During the supervision period, individuals are expected to comply with all conditions imposed by the judge. Common requirements may include:

• Reporting to a community supervision officer

• Completing counseling, treatment, or educational programs

• Performing community service

• Paying court costs, fines, or restitution

• Avoiding additional criminal offenses

For felony cases, deferred adjudication can last up to 10 years, and in some serious sexual offense cases it must last at least 5 years. For misdemeanors, it cannot last more than 2 years. 

If the person does not follow the rules of deferred adjudication, the court can cancel the supervision and move forward with deciding guilt. If that happens, the judge can then give any punishment that is allowed by law for the original crime.

What Are the Benefits of Deferred Adjudication?

Deferred adjudication can provide significant benefits for eligible defendants. If the person successfully finishes the program, the court does not enter a conviction. Because of that, they may be able to avoid some of the long-term effects that normally come with having a criminal conviction on their record.

In some cases, a person who successfully completes deferred adjudication may later qualify to seek an order of nondisclosure, which can limit public access to certain criminal records.

Contact Our Experienced Criminal Defense Attorneys in Texas

No matter the extent of the charge you are facing, our experienced Texas criminal defense lawyers can help you understand your legal options and protect your rights throughout the criminal justice process. 

The Law Office of Kyle Whitaker is dedicated to providing representation to our local community members during difficult times in life. Contact us today by calling 817-332-7703 or through our online contact form to schedule a meeting with one of our team members.