Probation and deferred adjudication are both alternatives to jail time in Texas. However, they work differently and carry different consequences, so you should understand the difference before agreeing to either.
An experienced criminal defense attorney from the Law Office of Mike Howard can explain your options to you and advise you on which path is better for your particular situation. Contact us today for a confidential consultation.
What Is Deferred Adjudication?
Deferred adjudication and probation are both forms of community supervision. Community supervision allows a criminal defendant to remain in the community and avoid jail time.
With deferred adjudication, you plead guilty or no contest to a criminal offense. The judge defers the adjudication (finding) of guilt and places you on deferred community supervision for a defined period of time.
You will be subject to various conditions that you must meet to successfully serve this term. If you successfully complete deferred adjudication, the judge discharges your case without ever finding you guilty. Successful completion of deferred adjudication probation means avoiding a conviction completely.
Deferred adjudication is sometimes an option used for first-time offenders or people accused of non-violent crimes. Not everyone or every criminal offense is eligible for deferred adjudication. The statute lists the criminal charges a judge cannot defer.
The judge can impose various conditions of deferred adjudication, including the following:
- Reporting to a probation officer
- Not committing any further criminal offenses
- Completing community service
- Not drinking alcohol or taking controlled substances
- Submitting to random drug tests
- Securing and maintaining continuous employment
- Paying all court fines and other required fees
- Attending any recommended counseling or rehabilitation programs
If you fail to comply with the deferred adjudication conditions, the judge can revoke your probation and enter a conviction. If you are revoked and convicted, the judge can sentence you to any length of time in jail or prison within the punishment range for your charge.
Under Article 42A.103, the community supervision period for deferred adjudication may last up to two years for a misdemeanor and up to ten years for a felony offense. However, judges might be able to extend the period in limited circumstances.
What Is Probation?
Probation, often called straight probation or regular probation, is a court-ordered period of supervision, allowing a person convicted of a crime to serve their sentence in the community, rather than in jail or prison.
To receive probation, the defendant pleads guilty or no contest or is found guilty after a trial. The judge enters the conviction and sentence. The judge suspends the sentence and places the defendant on probation for a certain period of time.
You can be required to fulfill various conditions, such as:
- Attending regular meetings with a probation officer
- Paying restitution to the victim
- Paying fines, court costs, and fees
- Completing community service
- Abstaining from illegal activities
- Completing drug or alcohol testing
- Attending classes
The defendant’s probation officer oversees them, ensuring that they are complying with the various terms of probation. They may require regular check-ins, home visits, and random drug testing.
Probation in Texas can be as short as a few months for a misdemeanor to as long as ten years for felony offenses.
If you successfully complete probation, the sentence is considered served, but the conviction permanently remains on your record.
The sentence is set once probation is granted. If you are on probation and are found to violate any of its terms, you can be sentenced to serve the original sentence you were given. The judge cannot sentence you beyond the original sentence the judge initially ordered when granting probation.
The conviction appears on background checks for the rest of your life unless you receive a pardon. Finishing probation does not erase the conviction, even if you meet every condition and act perfectly.
Key Differences Between Deferred Adjudication and Probation
Deferred adjudication and probation have many similarities: they are both forms of community supervision, they both impose conditions that the defendant must follow, and they both are discussed in the Texas Code of Criminal Procedure Chapter 42A. However, they also have several differences, most notably the following:
Conviction Status
The most significant difference between probation and deferred adjudication is that probation results in a final conviction, while deferred adjudication does not (assuming that the period was carried out without being found to violate the terms of probation). In regular probation, the court has found the person guilty and imposed a jail sentence, but suspended it and placed the person on probation.
Successfully completing deferred adjudication means that there will be no conviction on your criminal record. The judge defers finding you guilty and then discharges the case after you have successfully completed your ordered term of community supervision. However, the deferred adjudication will remain on record unless you file a petition for nondisclosure to seal the record and it is granted.
When (or even if) a person who successfully completes deferred probation depends on the type and severity of the charge. An experienced criminal defense lawyer can explain eligibility and applicable waiting periods to you.
Criminal Record
If you have a conviction, this will show up on your criminal record. This can cause issues when looking for employment, housing, or educational opportunities. Many entities use background checks to vet applicants, so a conviction on a criminal record often means being denied the opportunity or benefit. Criminal convictions are often permanent and can be seen by employers, landlords, licensing boards, and other parties. Only a pardon will remove a record of probation.
What Happens If You Violate the Terms
If you violate your terms of community supervision, the outcome is different based on whether you were on probation or deferred adjudication. If you were on probation, the prosecutor can file a motion to revoke probation. The judge can sentence you up to the time ordered at the time of your sentencing, including any sentence within the original range of punishment and up to the maximum for the offense. So, if you were sentenced to five years and were put on probation, you can be sentenced to serve those five years in prison, with no credit given for the time you were on probation.
However, if you were on deferred adjudication, the prosecutor can file a motion to proceed with adjudication of guilt. The court proceeds with a conviction and sentencing because it had never done so before. The court can order any penalty allowed by law for the offense you were charged with, up to the maximum. So, if the crime carries a possibility of up to ten years’ imprisonment, you can be sentenced to the full ten years. In this sense, you could receive a much harsher sentence than you may have received under a straight probation plea agreement.
Which Is Right for You? Contact The Law Office of Mike Howard to Find Out
The most important consideration regarding probation and deferred adjudication is which pathway is the best solution for you. At The Law Office of Mike Howard, we take the time to sit down with you, discuss your options, understand your objectives, and guide you through the decision of doing what is best for you. Contact us today for a confidential consultation.
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