If you’re facing criminal charges in Plano or Dallas, or anywhere else in Texas, you’ll be interested in learning about Texas’ criminal procedure. Deferred adjudication, for example, has many advantages for individuals who made a mistake and broke the law. What is it and what are the benefits? Deferred adjudication is a type of community supervision, which is ordered by the judge or magistrate. It’s also known as “probation.” Through deferred adjudication, the defendant is expected to accept responsibility for their behavior and if they successfully complete their probation, they avoid a criminal conviction. Only judges have the authority to grant deferred adjudication, juries cannot do it. Also, the defendant and the prosecutor must agree that they will waive a trial by jury. Am I eligible for deferred adjudication? In order to be eligible for deferred adjudication, a defendant must be charged with a misdemeanor crime, with the exception of driving, boating, or flying while intoxicated. Defendants charged with felonies are eligible unless they are charged with any of the following drug, alcohol, or sex-related offenses:
- Driving while intoxicated (felony DWI,
- Boating while intoxicated (felony BWI),
- Intoxication assault or manslaughter,
- A repeat sexual offense, such as sexual assault, aggravated sexual assault, or indecency with a child, and
- A repeat drug-related offense that was enhanced due to occurring in a drug-free zone.
What is an Order of Nondisclosure?
This is an order made by the court, prohibiting specific public entities, such as police departments and the criminal courts from disclosing a person’s criminal record history. If an individual is granted an order of nondisclosure, it legally frees him or her from disclosing their criminal history on job applications. Despite the order of nondisclosure, the person’s criminal record can still be disclosed to criminal justice agencies for two purposes: 1) licensing, and 2) criminal justice. The criminal record can also be disclosed to the Texas Education Agency, the Texas Medical Board, and the Texas Board of Law Examiners. To learn more about deferred adjudication in Texas, contact our office today to schedule a consultation with a Plano criminal lawyer who wants to help you!