What Is Deferred Adjudication?

When someone is charged with a crime, one option they can pursue is deferred adjudication. But what is deferred adjudication, and how does it work? This guide will cover all you need to know, including a deferred adjudication definition, adjudication probation, and answers to commonly asked questions.

Let’s begin with a clear deferred adjudication meaning so you know what this term refers to. Deferred adjudication implies a delay of judgment; “deferred” means postponed or delayed, while “adjudication” refers to a legal ruling or decision. The deferred adjudication meaning is a chance for a defendant to prove that they have learned from their mistakes and changed their behavior. Similar to probation, it involves the person having to complete various requirements. If they’re successful, they can have the relevant conviction removed from their record and continue their regular life.

Deferred adjudication is a legal alternative to probation. While probation remains on your criminal record, deferred adjudication comes with the option of being removed from your criminal record. Rather than a judge deciding immediately that you are on probation as part of your conviction, in the deferred adjudication definition, the judge postpones judgment until they have seen whether or not you can follow through with the rules of your deferred adjudication.

When you use deferred adjudication instead of probation, you enter into a probation period during which you are given a list of what you have to do or not do, and for how long. Instead of an immediate criminal conviction, deferred adjudication in Texas or other states allows you to enter into community supervision. Your ability to use this law is based on your criminal case and history. It is something often reserved for first-time offenders, but this is based on the court and the judge. 

Deferred adjudication and the deferred probation meaning are very similar but how they differ is incredibly important for your situation.

Deferred adjudication is a type of conviction or punishment for a crime. If you were accused of a felony, deferred adjudication will help you avoid imprisonment; instead, you are released into your community. As such, you serve your punishment time within your community.

Deferred adjudication can be a better option for defendants who are sure they can adhere to the requirements. This enables the defendant to avoid prison and return to normal life. Unlike probation, deferred adjudication will not remain on your permanent record. First-time offenders who want to avoid convictions on their records may benefit from this option. Otherwise, they won’t be able to obtain employment in the future. However, if the defendant feels unsure regarding the requirements, they’d better not enter deferred adjudication, which can result in a worse sentence.

Usually, once you’ve completed deferred adjudication and met the relevant requirements, the judge will allow you to go free with a clean record. The specific requirements may vary from case to case, including things like attending an educational course or abstaining from using certain substances. In some cases, you may still have criminal charges on your record, but you might be able to file to have them expunged.

Deferred adjudication is a plea deal in which a defendant accepts to complete specific requirements as an alternative to other punishments, like jail time. Upon completing those requirements, the defendant will often avoid any conviction on their permanent record and may have their case dismissed entirely. However, the specifics of each case can vary, and there are situations in which the original criminal charges will still appear on your record. In addition, if you fail to meet the requirements of the deferred adjudication, it can become a conviction.

There are many situations where you might prefer deferred adjudication, especially if you are likely to complete the terms of your adjudication and file the petition to have it removed from your record. Deferred adjudication is a good opportunity for people who do not want a permanent mark on their criminal record like what occurs in probation. Within the attorney-client relationship, you can talk to a law firm about legal advice concerning deferred adjudication. An attorney can answer questions pertaining to your situation and assess the likelihood of both getting it, and whether it is the right option for you.