Texas Deferred Adjudication Lawyers

Texas Deferred Adjudication Lawyers

Serving Ellis County, Johnson County, Tarrant County, and Dallas County

If you have been charged with a crime in Texas, you may have heard the term “deferred adjudication” but are not sure what it means or whether it applies to your case. At McCarty-Larson, PLLC, our Texas criminal defense lawyers have helped thousands of clients navigate the criminal justice system. We can evaluate your charges, determine whether deferred adjudication is an option, and fight to get you the best possible outcome.

McCarty-Larson, PLLC also helps residents in the following areas across Texas: Alvarado, Arlington, Burleson, Dallas, DeSoto, Fort Worth, Grand Prairie, Mansfield, Midlothian, and Waxahachie

Why You Need a Lawyer for Deferred Adjudication

Deferred adjudication is not automatically offered to every defendant. A judge must agree to grant it, and the prosecutor must agree to waive a jury trial. An experienced criminal defense attorney can negotiate with the prosecution on your behalf, present the strongest case for why you deserve this outcome, and make sure you understand exactly what you are agreeing to before you enter a plea.

Senior Partner Robin McCarty is a former prosecutor and former police officer. He has spent time on both sides of the courtroom and knows how prosecutors evaluate cases when deciding whether to agree to deferred adjudication. That experience gives our clients a real advantage during negotiations.

What Is Deferred Adjudication in Texas?

Deferred adjudication is a form of community supervision, commonly called probation, that allows you to avoid a formal conviction on your criminal record. Under Texas Code of Criminal Procedure Chapter 42A, a judge can defer a finding of guilt and place you on a period of supervision instead of entering a conviction.

Here is how it works in simple terms. You plead guilty or no contest to the charge. The judge does not enter a conviction. Instead, the judge places you on community supervision for a set period of time with conditions you must follow. If you complete all of the conditions successfully, the case is dismissed. You do not have a conviction on your record.

Only a judge can grant deferred adjudication. A jury cannot. This means the prosecutor and the defendant must agree to waive a jury trial before deferred adjudication can be considered.

How Long Does Deferred Adjudication Last?

The length of your supervision period depends on the type of charge:

• Misdemeanor charges: Up to 2 years of community supervision
• Felony charges: Up to 10 years of community supervision
• Certain sex offenses involving children: A minimum of 5 years of community supervision

In some cases, your attorney may be able to petition the court for early termination of your supervision if you have completed all requirements and demonstrated good behavior.

Who Is Eligible for Deferred Adjudication?

Deferred adjudication is most commonly offered to first-time offenders, but it is not limited to them. Eligibility depends on the type of charge, your criminal history, and the discretion of the judge and prosecutor.

Charges That May Qualify

Most misdemeanor and felony offenses in Texas are eligible for deferred adjudication. Common charges where our attorneys have helped clients obtain deferred adjudication include:

• Drug possession and other drug charges
• Theft, shoplifting, and property crimes
• Assault (non-family violence cases)
• Forgery and fraud
• White collar crimes
• Misdemeanor offenses of all classes
• Juvenile offenses

Charges That Are NOT Eligible

Texas law specifically bars deferred adjudication for certain offenses:

• DWI, BWI, and FWI: Driving while intoxicated, boating while intoxicated, and flying while intoxicated are not eligible for standard deferred adjudication. However, since September 1, 2019, first-time DWI offenders charged with a Class B misdemeanor and a BAC below 0.15 may qualify for a limited form of deferred adjudication under House Bill 3582.
• Intoxication assault and intoxication manslaughter
• Repeat drug offenses in a drug-free zone (felony level)
• Repeat sex offenses involving indecency with a child, sexual assault, or aggravated sexual assault
• Murder (with narrow exceptions under Article 42A.102)

Even if your charge falls into one of these categories, there may be other options available to you. Contact our office to discuss your specific situation.

Conditions of Deferred Adjudication

When a judge grants deferred adjudication, you will be required to follow specific conditions during your supervision period. These conditions vary depending on your charge and the circumstances of your case, but common requirements include:

• Reporting regularly to a community supervision officer
• Passing random drug and alcohol tests
• Completing community service hours
• Attending counseling, treatment programs, or classes related to your offense
• Maintaining employment or enrollment in school
• Avoiding any new criminal charges or arrests
• Paying court costs, fines, and supervision fees
• Staying within a geographic area unless you have permission to travel
• Installing an ignition interlock device (for DWI deferred adjudication cases)

Failing to follow any of these conditions can result in serious consequences, including having your deferred adjudication revoked.

What Happens If You Violate Deferred Adjudication?

Violating the terms of your deferred adjudication is serious. If the prosecution files a motion to proceed with adjudication, the judge can hold a hearing and decide whether you violated the conditions. If the judge finds that a violation occurred, the consequences can include:

• Adjudication of guilt: The judge enters the conviction that was originally deferred.
• Full sentencing: The judge can impose any sentence allowed by law for the original charge, up to the maximum penalty. For example, if you were charged with a felony that carries up to 10 years in prison, the judge can sentence you to 10 years even if the violation was minor.
• Modified conditions: In some cases, the judge may choose to continue your supervision with additional or stricter conditions rather than revoking it entirely.

This is one of the most important things to understand about deferred adjudication. Unlike straight probation, where the punishment is capped at the sentence originally imposed, a violation of deferred adjudication exposes you to the full range of punishment for the original offense.

If you are facing a motion to revoke your deferred adjudication, contact a criminal defense attorney immediately. Our team can represent you at the hearing and fight to keep your supervision in place.

Deferred Adjudication vs. Straight Probation

Many people confuse deferred adjudication with regular probation, also called straight probation or community supervision. While both allow you to stay in the community under court supervision, there are critical differences:

Deferred Adjudication

• You plead guilty or no contest, but the judge does not enter a conviction
• If you complete all conditions, the case is dismissed
• You may be eligible to seal your record through an Order of Nondisclosure
• A violation can result in the maximum punishment allowed for the original charge

Straight Probation

• You are convicted of the offense, and that conviction goes on your record
• The judge suspends the jail or prison sentence and places you on community supervision
• Even if you complete all conditions, the conviction stays on your record permanently
• A violation can only result in punishment up to the original suspended sentence
• Your record cannot be sealed through nondisclosure or expunction

In most cases, deferred adjudication is the better outcome because it gives you the opportunity to avoid a conviction entirely. However, the risk of facing the full range of punishment for a violation means you need to take every condition seriously.

Clearing Your Record After Deferred Adjudication

One of the biggest misconceptions about deferred adjudication in Texas is that your record is automatically cleared once you finish your supervision. This is not true. Even after your case is dismissed, the arrest and the deferred adjudication will still appear on your criminal history. Background checks will still show that you were charged and placed on deferred adjudication.

To remove this information from public view, you need to file a petition for an Order of Nondisclosure.

What Is an Order of Nondisclosure?

A nondisclosure order seals your criminal record from public access. Once granted, most employers, landlords, and private background check companies will not be able to see the offense. However, law enforcement and certain government agencies will still have access to the record.

Waiting Periods for Nondisclosure

After completing deferred adjudication, you must wait before you can file for nondisclosure:

• Misdemeanor offenses: You can petition on or after the second anniversary of your discharge and dismissal.
• Felony offenses: You can petition on or after the fifth anniversary of your discharge and dismissal.
• Some misdemeanors (such as assault causing bodily injury or unlawful carrying of a weapon) may also require a two-year waiting period, even though other misdemeanors may be eligible sooner. 

Offenses That Cannot Be Sealed

Not all deferred adjudication cases are eligible for nondisclosure. You cannot seal your record if you were placed on deferred adjudication for:

• Any offense requiring sex offender registration
• Aggravated kidnapping
• Murder or capital murder
• Injury to a child, elderly individual, or disabled individual
• Abandoning or endangering a child
• Any offense involving family violence
• Violation of a protective order related to family violence, sexual assault, or stalking

This is especially important to understand before accepting a deferred adjudication plea. If your charge involves family violence, a deferred adjudication will stay on your record permanently because nondisclosure is not available. In some of these cases, it may be better to fight the charge at trial rather than accept a plea that cannot be sealed.

Nondisclosure vs. Expunction

Nondisclosure and expunction are two different processes. Nondisclosure seals your record from public view but does not destroy it. Expunction completely erases the record as if the arrest never happened. Most people who complete deferred adjudication are only eligible for nondisclosure, not expunction. However, there are some situations where expunction may apply. Our attorneys can evaluate your case and advise you on which option is available.

Contact our Texas Forgery Lawyers at McCarty-Larson, PLLC

If you or a loved one has been arrested for forgery in Texas, it is crucial to have the right legal help. McCarty-Larson, PLLC is here to assist you. Our experienced team of Texas forgery lawyers understands the serious nature of forgery charges and is committed to helping you navigate this challenging time.

We offer free consultations to discuss your case and provide guidance on the next steps. During your consultation, we will listen to your side of the story and start planning the best defense strategy for your situation. Our goal is to ensure you receive the best possible outcome for your case. We work hard to protect your rights and strive to minimize the impact of the charges on your life.

Don’t face forgery charges alone. Contact McCarty-Larson, PLLC today to schedule your free consultation. Our dedicated Texas forgery lawyers are ready to help you through this difficult time and fight for your future. Reach out to us now, and let us start working on your defense.