Though, private employers will not be able to see the charge at all, which can be a great benefit when looking for a job. Deferred adjudication, however, is not always available on every case and it is important that you speak with an attorney to discuss your specific case to help you make the best decision. Please give our office a call today at to discuss your case and what the best option is for you and your case!
For legal advice on any specific case you should contact an attorney directly. My Top Priority With You:. Posted on May. Probation The primary and most important different between probation and deferred adjudication is that probation is a final conviction. Deferred Adjudication Unlike probation, deferred adjudication is not a conviction. Deferred Prosecution is far and away the best option of the three. Sometimes there is community service required as well.
With a Deferred Prosecution, there is no probation officer to check in with, no probation fees, and the conditions are typically much less cumbersome than probation conditions. Best of all, once you are finished, you can have your record expunged. This means that DPS, the court, and any other agency maintaining the records must destroy them, and you can legally deny ever having been arrested. A deferred prosecution is often a good deal for the defendant, and will not be offered in the majority of cases.
One thing to consider is if the deferred prosecution is being offered, it is possible that the prosecutor knows she has a weak case, so it might be worth it to push for a dismissal. Whether taking probation, deferred adjudication, or a deferred prosecution, it is important to think about the consequences of a violation. This will be a subject of a separate blog post, but the consequences can range from a minor slap on the rest, to a conviction and serious jail time.
To learn more specifics about the programs like this available in your state, a consultation with a local defense lawyer is necessary. Your probationary term is entirely up to the prosecution with approval from the judge. Because this is considered a plea agreement, you will know the length of time before you agree to the program.
Usually, because these programs are set aside for first-time offenders, the probationary term is less than one year. Probationary rules during deferred prosecution and deferred judgment cases are just like probationary rules after sentencing. There are many potential terms and conditions you will be required to abide by. For a complete list of possible rules, see our Probation page.
If you break the rules of probation while under supervision, the prosecutor can move forward with the charges against you, seeking maximum penalties for your original crime. This needs to be avoided in all cases as those penalties were primarily the reason you agreed to this program in the first place. This is the biggest downside to a deferred prosecution agreement. If you fail to complete the program, you will very likely face much harsher punishment than if you simply plead guilty in the first place.
And to get into a program, you have to essentially admit to the facts against you in advance. It can be very difficult to go back and win a case if you have to re-fight the charge. If you are facing violation of the terms of probation in conjunction with a deferred prosecution or deferred judgment program, the assistance of an aggressive defense lawyer is important now more than ever.
If you successfully complete your probationary period, the charges against you are dropped. Programs like deferred prosecution give people accused of a first-time criminal offense an opportunity to not let a one-time mistake follow them for life. If you are facing criminal charges, you may be eligible for a program like this. Contact our attorneys for a free consultation on your case and a look at the programs available in your state.
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