Legal Question in Criminal Law in Texas
Is there a difference between "deferred adjudication" and "deferred adjudication of guilt"? If a result is "deferred adjudication of guilt" and the defendant plead guilty, does that mean the person is considered guilty of the crime until s/he successfully completes probation then is no longer considered to be guilty of the crime?
2 Answers from Attorneys
There is no difference.
A person pleads either guilty or no contest. The judge finds there is sufficient evidence to find the person guilty, but instead defers the finding of guilt - sets it off for the future. If the person completes the requirements of the probation (which are the same whether it is a straight probation - meaning there is a finding of guilt - or a deferred), then the person is never found guilty of the offense. This does NOT mean the person is not guilty, and the deferred stays on the person's record (although in many instances it can be sealed from the view of many - not all.)
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