Exploring the Options of Deferred Adjudication and Traditional Probation
One of the most common things we hear from clients charged with criminal offenses in Texas is, “How can I avoid jail time?” Probation is a standard option that lets you remain in the community with your family, but many people aren’t aware that there are two probation options in Texas: straight probation, also known as community supervision, and deferred adjudication. Understanding the differences between these two options can help you determine if you qualify and which one better suits your goals.
Understanding Traditional Probation
Regular community supervision is the option that most people are familiar with. You are convicted of a crime, but instead of having to serve time in jail or prison, you are released back into the community with a set of terms to meet. This often includes performing community service, holding down a job, and submitting to random drug tests. Those convicted of violent offenses may be required to complete anger management counseling or other programs, and if alcohol was involved, abstaining may be part of their terms. How long you must be on probation depends on the type of crime, but is generally less than two years for a misdemeanor offense and less than 10 years for a felony offense.
Understanding Deferred Adjudication
Deferred adjudication is similar to traditional probation in that there are specific terms and conditions the person must abide by. This generally includes attending regular appointments with the probation officer to monitor progress, passing random drug and/or alcohol screenings, and avoiding any other adverse interactions with law enforcement. However, deferred adjudication is different because it’s not a sentence after a conviction. Instead, it’s a way to potentially avoid a conviction altogether. If you are granted deferred adjudication and successfully complete it, your case will be dismissed, and you won’t have a conviction on your record.
Differences Between Deferred Adjudication and Straight Probation
Below are some of the most significant differences between these two paths.
Whether You’re Convicted
The most crucial difference between straight probation and deferred adjudication is whether you have a criminal conviction on your record at the end of it. Because traditional probation is a punishment imposed after a jury has found you guilty of a crime, your criminal record will show this conviction even if you successfully complete probation. It’s simply a more favorable sentence because you don’t have to serve any time.
Deferred adjudication, on the other hand, is a way to avoid a conviction entirely. Instead, a judge postpones, or “defers,” the conviction to see if the person is able to meet the terms of community supervision. If so, the judge dismisses the case. This can be a significant benefit for those who are not able to continue working in their field if they have a criminal record. It can also make it easier to move on with your life after the community supervision period is over without a conviction following you.
Who Is Eligible
Probation is generally easier to qualify for than deferred adjudication. Probation is available for both misdemeanor and felony offenses. While you’re more likely to be sentenced to probation if the offense wasn’t a violent crime and you don’t have a previous criminal record, probation is an option for most offenses, at least in theory, including drug crimes. To be eligible for probation, you must first plead guilty or be convicted by a jury.
Deferred adjudication is generally reserved for those without a prior criminal record and who have committed more minor crimes, such as simple drug possession. Deferred adjudication is not an option if your charges involve driving under the influence. To be eligible for deferred adjudication, you must enter a guilty plea for your charges, but this only affects your case if you violate the terms of your supervision.
What Happens If You Violate the Terms
While deferred adjudication offers many advantages, it does have potentially harsher consequences if you violate the terms. If you aren’t able to successfully complete deferred adjudication, the case returns back to prosecution. Because you have already entered a guilty plea, the judge will adjudicate you guilty in most cases, and you will be sentenced. If you have already failed to abide by the terms of deferred adjudication, it’s unlikely that a judge will be willing to grant probation in this instance, and you could even face the maximum sentence. If you violate the terms of traditional probation, you will generally be required to serve the remainder of your sentence in jail or prison.
Getting Help From an Experienced Criminal Defense Attorney
If your main goal is to avoid jail time, you need an experienced criminal defense attorney who can help you avoid a conviction or negotiate a lighter sentence if you’re found guilty. Attorneys have extensive experience negotiating plea deals with the prosecution and can help you understand what you may be eligible for and the best-case scenario. Once you’ve completed your supervision, an attorney may also be able to help you get your arrest sealed or your record expunged, depending on the type of offense. This can help you leave the past behind and move forward as you rebuild your life.
If you’ve been charged with a crime in McKinney, TX, or the surrounding area, call Edgett Law Firm at 972-424-0760 to schedule a free consultation. A defense attorney will listen to your story and help you explore your options, including the possibility of deferred adjudication or community supervision. One mistake doesn’t have to define the rest of your life, and having an advocate on your side can help you fight the system.