Legal Question in Criminal Law in Texas
What is deferred adjudication?
What right do/don't you have? Do you have a right to an appeal?
1 Answer from Attorneys
Re: What is deferred adjudication?
I am not clear on what you are asking exactly. However I hope this helps. Deferred Adjudication is similar to what is known as regular probation in that the defendant does not spend time in jail. This form of disposing of the case allows a judge to "defer" sentencing until a later date. If certain conditions are met, then upon completion of the probation time, the defendant can truthfully say that s/he has never been convicted of the crime for which s/he was placed on deferred adjudication. If the conditions are not met, then the judge can impose sentencing upon the state's motion, revoke the deferred adjudication status, and sentence the defendant consistent with the statutory penalty range for the crime. Thus, deferred adjudication is good for people who can endure the probation period and terrible for those who can't. Caveat: Although successful completion entitles the defendant the right to say s/he was never convicted of the alleged crime, his or her record will reflect that they had been placed on deferred adjudication.
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