Legal Question in Criminal Law in Texas

What is deferred adjudication

My friend has never been in trouble with the law.

My friend took items from a store in which he worked. Was made to sign a confession letter stating the items and a some of money of $7500.

Because of fear of jail time my friend agreed to the confession without the presence of an attorney. Was sent to jail for 1 night and then the D.A. and my friends attorney plea bargin for a crime lesser then a felony. So 5yrs of probation, pay restitution of $3500 and 135hrs community service after which time the attorney will be contacted and the judge will make his decision. He was told that because the judgement was a deferred adjudication when the attorney goes back to court there will not be a felony on his record. He will not have a criminal record.


Asked on 10/01/99, 12:01 pm

1 Answer from Attorneys
Alicia Fortson Law Offices of A. G. Fortson

Re: What is deferred adjudication

Deferred adjudication is a means to dispose of a case. Instead of a judge imposing a sentence or determining guilt, the judge will wait to see if the defendant can complete the terms of his probation. If the defendant completes the terms, then the he will be able to honestly say, "I have never been convicted of ..." However, if the defendant does not complete the terms, then the judge can find the defendant guilty and impose a sentence. The judge could sentence the defendant with the minimum punishment, maximum punishment, or any sentence in between.

If I can be of further assistance, please feel free to contact my law office at 214-712-9242.

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Answered on 10/16/99, 12:28 am


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