Understanding Deferred Adjudication In Texas
Lawyer For Criminal Cases In Texas
Deferred adjudication is a term used to describe the method by which attorneys, prosecutors and judges agree to help assist a person who has been accused of committing a crime protect their permanent record from a conviction. This article is intended to assist those who are considering entering into a deferred adjudication agreement understand the parameters of that agreement and what must be done to successfully complete the agreement to have their cases dismissed.
What Does Deferred Adjudication Mean?
The word “adjudicate” means to enter a final judgment. So when a criminal case has been adjudicated, a final judgment has been made against that defendant usually finding them guilty of the offense. This also means that the case will become a final conviction on that person’s record. However, in the deferred adjudication context, the guilt of the defendant is not entered as a final conviction and is not reported on that person’s record.
The method by which this happens is due to the word “deferred.” The word defer means to set aside or to pass on to a future date. Essentially deferred adjudication is setting aside a conviction in exchange for certain conditions being met. If those conditions are met, then the person avoids the conviction and the judge ultimately will dismiss the case completely saving the criminal record of that person from having a conviction reported.
Typical Conditions Of Deferred Adjudication In Texas
For the most part, deferred adjudication has very simple conditions to meet. First, there is always going to be a deferred adjudication fee that must be paid to the court. This fee can range in price based on the crime being deferred. For example, thefts and assault cases are typically going to be more expensive than your average traffic related criminal offenses like speeding, etc. In Texas the court costs for most class “c” misdemeanors is an average of about $125.00. The maximum fine for most cases is $200.00. The court costs are fixed, but the fine is negotiable. So, if your court costs are $125.00 and your lawyer negotiates a $50.00 fine, then your total deferral fee would be $175.00. Remember, court costs are not negotiable. Only the fine can be raised or lowered based on the circumstances of your case.
The next condition of deferred adjudication is the requirement to avoid any new offenses or citations. Basically, stay out of trouble. The maximum term of deferred adjudication is 180 days. Normally, for class “c” misdemeanors, you will see a deferral period of around 90 to 180 days depending on the court and the judge’s preferences. What this means to defendants is that if an attorney negotiates a deferral period of 90 days, then you cannot violate the law for 3 months. If you do not violate the law within that time period, then the judge will dismiss your case. However, if you do violate the law within that time period, then the judge can find you guilty of the offense you were on deferred adjudication. So it is very important to stay out of trouble and avoid any new offenses during the deferral period.
Can Other Conditions Be Required For Deferred Adjudication in Texas?
Yes. A judge has wide discretion to set the conditions of deferred adjudication in Texas. Depending on the crime alleged, those conditions can include community service, drug classes, alcohol related classes, defensive driving courses, essays, etc. Each case is looked at individually to determine what conditions would best suit the crime and the public at large while also giving the defendant an opportunity to pay for the crime and avoid the conviction being reported.
