When You can Get Deferred Adjudication in Texas and When You Can't

Deferred adjudication is available on many crimes in Texas. Most people are familiar with deferred for traffic tickets but the truth is the concept is far more expansive.

Virtually every offense in Texas is legally subject to deferred with the exception to DWI offenses, (Tex.Pen.C. 49.04 - 49.08), capital offenses, certain sex offenses, and certain repeat offenses (typically sex offenses or selling drugs in drug free zones). Texas Code of Criminal Procedure section 42.12 Section 5 governs deferred and it's availability.

The main reason why deferred is denied on cases where the code otherwise says you're eligible is due to certain policies of local prosecuting attorneys. In order to get deferred in the first place, you must plead guilty -- and to plead guilty you usually have a deal in place with the prosecutor. If the prosecutor won't agree to deferred, or won't agree to what is known as an 'open plea,' then deferred is not an option.

Collin County, for example, has an office policy that no person with a previous criminal record (other than minor traffic offenses) is eligible for deferred on any case. Additionally, they have policies against deferred on instances of employee theft, for example. Even though the code says deferred is okay in these situations, the state (that in many ways is the gate-keeper of deferred) may not agree. Then again, they have a duty to act in the best interest of justice, so they're ears aren't always closed.

As with which cases a person may receive community supervision, in certain situations for deferred, the statutory scheme gets tricky and you should consult an attorney if you have any questions.

I have discussed in previous blawgs the other pros and cons of deferred here, and here. Never assume that by pleading guilty (or nolo contendere) and getting deferred that your criminal record will be unharmed or will undo itself.

Jeremy F. Rosenthal, Esq.

(972) 562-7549

*Jeremy Rosenthal is an attorney licensed to practice in the State of Texas. Nothing in this article should be considered leal advice. For legal advise specific to your situation you should directly consult an attorney.

www.thecollincountylawyer.com