Frequently Asked Questions for Criminal Defense in Fort Worth

Deferred adjudication is a special type of probation or community supervision where the judge does not find the defendant guilty during a criminal proceeding.  The defendant has to plead guilty or no contest to the criminal charge.  The judge gives the defendant the terms and conditions of their probation.

The first benefit is that the defendant is never found guilty of the offense if the defendant is successful in completing the probation.  Secondly, many people, who have completed deferred adjudication probation, are able to limit access to this criminal record.

Defendants charged with driving while intoxicated and other certain intoxication offenses, certain controlled substances violations, certain sex offenses where the defendant was previously on community supervision, and murder cases unless the judge makes specific findings.

For felony cases, the judge can order the deferred adjudication probation for a term up to 10 years.  There are mandatory minimum periods of community supervision for certain felonies.

For misdemeanors, the judge can order the period of deferred adjudication be up to two years.

Once a community supervision officer believes there has been a violation of deferred adjudication probation, the probation officer will contact the prosecutor’s office.  If the prosecutor agrees, he or she will file a petition with the court.  The trial court will conduct a hearing to determine whether the probationer violated the deferred adjudication community supervision.  If at the end of the hearing the judge believes the probationer violated community supervision, the judge can reinstate the probation, revoke their probation place them on traditional probation, extend the term of probation, or assess a term of imprisonment.

The judge shall dismiss the proceedings against the probationer and discharge the probationer.  Additionally, in some cases, the judge may decide to do this early. 

If you or someone you know may be eligible for deferred adjudication community supervision, call me.  I will review your case to develop a strategy the best strategy to achieve your goals.  If you or someone you know needs to talk to a criminal defense lawyer call 817-231-0023.