What Is Deferred Probation?
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) 532-5666 today.