Texas has a long-standing reputation for being tough on crime. However, it has been a long time since Roy Bean held court from his Jersey Lily Saloon as justice of the peace in Langtry, Texas, and declared himself “The only law West of the Pecos.” And while Bean was given a reputation in the press as a “hanging judge,” even he was not that tough – he is only known to have sentenced two people to hang. Even in the late 19th Century, Texas was maybe not quite as harsh toward those charged with crimes as the state’s reputation implies. In fact, Texas joins every other state in the nation by having a deferred adjudication program or other pre-trial diversion program.
How Does Deferred Adjudication Work?
All states have either deferred adjudication programs or some kind of pre-trial diversion program. Many have both. Deferred adjudication is administered by judges, while pre-trial diversion – also referred to as pre-trial intervention and by other similar names – is under the control of the prosecutor. Texas has a deferred-adjudication program. This allows an eligible defendant to avoid a criminal conviction while serving a sentence of probation instead of a potential jail sentence. Whether you are offered deferred adjudication is up to the judge, and you must enter a guilty plea or a plea of no contest to enter the program. You then are placed on probation, with whatever conditions the judge deems appropriate. If you successfully complete the probation, your case is dismissed. If you violate the conditions of probation in any way, you will be convicted of the charge you faced – you already pleaded guilty or nolo contendere (no contest) – and likely sentenced to jail.
You can be given deferred adjudication for a wide variety of criminal charges, so long as the charge carries a sentence including only probation. There are other exceptions, including charges including sex crimes, assaults, crimes that involve the intentional death of another person, among others. Otherwise, many crimes, including some felonies, are eligible for deferred adjudication. Ultimately, of course, the decision on whether you can enter deferred adjudication rests solely with the judge. In fact, in most cases the judge can end your probation period early under deferred adjudication if they determine that it is in the best interests of the community and the defendant. The judge is the one who drives the process, start to finish.
There is one shortcoming to deferred adjudication in Texas that is not present in many other states, whether they use deferred adjudication or pretrial deferral programs. The record of your deferred adjudication, even though it does not result in a conviction, is not expunged – meaning completely removed from official records – nor is it automatically sealed. In fact, you might have to petition the court to have your record sealed, with no guarantee that petition will be granted. Further, you might not even be eligible to have your record sealed.
If You are Facing Charges in Houston, Talk to Madrid Law Firm
Being charged with a crime does not mean going to jail. It does not even mean you will be convicted. In fact, you might be eligible for deferred adjudication, which can keep you out of jail and keep your record clear of any criminal conviction. To see if deferred adjudication is possible in your case, talk to an experienced criminal attorney. You should consult with the Madrid Law Firm.
