The Texas Code of Criminal Procedure defines the process of deferred adjudication under Article 42A.101. The Code states the following:

PLACEMENT ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION. (a) Except as provided by Article 42A.102(b), if in the judge's opinion the best interest of society and the defendant will be served, the judge may, after receiving a plea of guilty or nolo contendere, hearing the evidence, and finding that it substantiates the defendant's guilt, defer further proceedings without entering an adjudication of guilt and place the defendant on deferred adjudication community supervision.

The bright side of a plea bargain of deferred adjudication is that upon successful completion of community supervision (probation), the defendant will be grated a dismissal. The court is deferring the adjudication, or in other words, deferring finding the defendant guilty. This can help a defendant keep their record free of the conviction.

Here’s the catch… The Code further explains, “[o]n violation of a condition of deferred adjudication community supervision imposed under Article 42A.104, the defendant may be arrested and detained as provided in Article 42A.751.”

The downside to a plea of deferred adjudication is that it requires a defendant to plead guilty as charged. This means that there is a court record, and paperwork, documenting that the defendant stipulated to the evidence in return for a plea bargain. If there is any violation of the deferred probation, there is practically no guilt or innocent phase of the case because the defendant already plead guilty. So, the court can simply enter a finding of guilt, leaving punishment as the only question left to answer. During the punishment phase of the case, the entire range of punishment for that crime is at issue. This means that a violation of deferred probation could transform into a maximum sentence. See blog regarding punishment ranges.

Another possible adverse side effect comes into play regarding the type of charge. When a defendant seeks to file for an expunction or non-disclosure regarding their criminal records, a plea of guilt, or no contest, could adversely affect their ability to seal those records.

When contemplating taking a deferred adjudication plea, one should think about the risks versus the rewards.

Some question a defendant may ask themselves are,

Should I even plea?
How long will I be on probation?
Can I comply with the terms?
Will the plea affect me in the future?

Every case is different, and depending on the circumstances, a deferred plea may or may not be the right choice. That is why it is important to obtain the assistance of an attorney when dealing with these types of issues. If you need assistance with your criminal case, you can contact us today!