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Another term used but mean the same as deferred adjudication. A type of probation where you go before the judge in the court where your criminal case is pending and you enter a plea of guilty or no contest to the charge against you but your plea is set aside and you are not adjudicated guilty. That means you are not actually found guilty and convicted at that time. In other words, the adjudication of your case is deferred, or put off. Typically, deferred adjudication is supervised. That means it is just like being on probation. You may hear the term “deferred adjudication probation.” You will very likely have a probation officer with whom you have to check in and there will be tasks you have to complete (such as community service) and fees to pay. If you complete your term of deferred adjudication successfully, the charge against you will be dismissed in the end and you will not be convicted. The length of the term of deferred adjudication varies depending on the offense. Deferred adjudication can be a great resolution of a case for those who are willing and able to comply with all of the terms. What Is Deferred Prosecution? In a “Deferred Prosecution” scenario, you again enter a plea of guilty or no contest to the offense, this time on paper, rather than in front of a judge. However, the charge is dismissed at the front end and will not be reinstated unless you violate the terms of the deferred prosecution agreement . Deferred prosecution is not an official supervised probation. There is no supervision imposed, but you will likely be required to complete certain tasks. While the agreement is in effect, you are not allowed to commit any other offenses besides a Class C moving traffic violation. Again, the length of the deferred prosecution agreement will vary depending on the offense. If you violate the terms of the deferred prosecution agreement and the state can refile the charge and prosecute the case to the full extent of the law. Deferred prosecution is available, though uncommon, for a Driving While Intoxicated charge. It is a highly attractive resolution of a case. Our office refers to that as “an offer we can’t refuse” because you totally avoid the risk of a bad result at trial. This is a win-win situation for both the state and the citizen accused of the agreement, is honored and satisfied by the citizen. Successful completion of a deferred prosecution agreement means that you may be eligible for an expunction, which is a complete erasure of the fact of the arrest and subsequent prosecution. Again, this does not happen automatically; it is a separate legal proceeding. What Is Deferred Adjudication? “Deferred Adjudication” is a type of probation where you go before the judge in the court where your criminal case is pending and you enter a plea of guilty or no contest to the charge against you but your plea is set aside and you are not adjudicated guilty. That means you are not actually found guilty and convicted at that time. In other words, the adjudication of your case is deferred, or put off. Typically, deferred adjudication is supervised. That means it is just like being on probation. You may hear the term “deferred adjudication probation.” You will very likely have a probation officer with whom you have to check in and there will be tasks you have to complete (such as community service) and fees to pay. If you complete your term of deferred adjudication successfully, the charge against you will be dismissed in the end and you will not be convicted. The length of the term of deferred adjudication varies depending on the offense. Deferred adjudication can be a great resolution of a case for those who are willing and able to comply with all of the terms. If you violate any of the terms of the deferred adjudication, the state can file a motion to adjudicate you. This means that you will have to go back to court and the judge will determine whether or not to go forward with actually using the plea you previously entered and convicting you of the offense. If the judge adjudicates you, he or she has the discretion to sentence you to the maximum punishment allowable by law for the offense or any punishment that is within the “range of punishment” for that specific offense. The judge can actually keep you on deferred adjudication with no changes or can swing all the way up to the maximum allowable punishment. If you are on straight probation the judge cannot sentence you to more years than already established by the judgment in the original sentence. For more information on Deferred Probation In Immigration Process, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.

Yes, if you enter a plea of guilty or no contest or if you stipulated to enough facts to warrant a finding of guilt, you will be considered to have a conviction. It is important to remember that Deferred Adjudication/Deferred Probation count as a conviction for immigration purposes. However, Pre-Trail Diversions in some instances do NOT count as convictions for immigration purposes. The statutory definition of a conviction with respect to an alien is a formal judgment of guilt of the alien entered by a court or, if adjudication of guilt has been withheld, where: a judge or jury has found the alien guilty or the alien has entered a plea of guilty or of nolo contendere, or has admitted sufficient facts to warrant a finding of guilt, and the judge has ordered some form of punishment, penalty, or restraint on the alien’s liberty to be imposed. See 8 USC 1101(a)(48)(A); INA 101(a)(48)(A) Discuss How Deferred Probation/Prosecution Or Deferred Adjudication Could Impact An Individual In Each Scenario: *Applying For Immigration Status/A Visa For The First Time Goes To Admissibility Issue Certain crimes may prevent a noncitizen from being able to obtain lawful admission status in the United States. Certain crimes may also prevent a noncitizen who already has lawful admission status from being able to return to the United States from a future trip abroad. Some of the crimes that will effect admissibility into the United States include, but is not limited to: Crimes Involving Moral Turpitude, which includes a broad range of crimes. Crimes with an intent to steal or defraud, such as theft or forgery. Crimes in which bodily harm is caused or threatened by an intentional act, or where serious bodily harm is caused or threatened by a reckless act. This includes things such as murder, rape, and some manslaughter and assault crimes. Most sex crimes are considered crimes of moral turpitude Violations of any law of a Federal, State, or foreign country relating to a controlled substance. The only exceptions to this are: if the crime was committed when the defendant was under the age of 18 The maximum imprisonment possible if convicted would not exceed one year and the sentence did not exceed 6 months It is a single offense of simple possession of 30 grams or less of marijuana. If you are convicted of 2 or more offenses, regardless of whether the crimes involved moral turpitude, and the aggregate sentences to confinement was for 5 or more years. If it is known, or there is sufficient reason to believe that you are an illicit trafficker. This includes anyone who aids, abets, assists, conspires, or colludes to illicit trafficking. Prostitution: Including anyone who has been convicted, admitted to, or has had the intent to engage in prostitution. Furthermore, anyone coming to the United States with the sole intention to prostitute or has engaged in prostitution within 10 years of their Visa application will be inadmissible Likewise, anyone who tries to procure or import prostitution will be inadmissible. *Applying For An Extension Of A Visa Or Citizenship Criminal Bars On Obtaining Us Citizenship Certain crimes will prevent a Lawful Permanent Resident from being able to obtain full United States Citizenship. A conviction or admission to the following crimes, amongst others, bars the finding of good moral character required for citizenship for up to 5 years: Confinement to a jail for an aggregate period of 180 days 2 gambling offenses 2 or more offenses of any type, plus an aggregate prison sentence of 5 years. Crimes involving Moral Turpitude Controlled Substance Offenses, unless it is a single offense of simple possession of 30 grams or less of marijuana. Visa holder can be deportable. For more information on Deferred Adjudication In Immigration Process, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling  (817) 704-3303  today.