Legal Question in Criminal Law in Texas

what does MOTION TO ADJUDICATE GUILT mean?


Asked on 7/23/09, 8:45 pm

1 Answer from Attorneys

Robert Tuthill Law Office of Robert H. Tuthill

Basically it is a motion to revoke someone's deferred adjudication type of probation. Under a deferred adjudication, a judge accepts a defendant's plea but defers finding the person guilty until the end of a probationary period. If the defendant successfully completes the probation, the judge does not enter a finding of guilt and the case is dismissed, so it is not a conviction.

If someone messes up on this deferred probation or does not follow the terms of the probation, the state can file a "motion to adjudicate guilt." Basically, the state is saying that the defendant did not abide by the terms and they are requesting the judge to adjudicate the defendant, or find them guilty, and sentence them to a punishment somewhere in the range of punishment for the original offense.

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Answered on 7/23/09, 10:10 pm


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