Deferred adjudication is an alternative to penalties in the Richardson and Dallas area. Many people do not know exactly what it means. Deferred adjudication is commonly used in Misdemeanour Cases such as assault, petty larceny, possession or cases. It is an excellent alternative for first time offenders because if an individual successfully completes their community supervision within the time allotted their charge will be dismissed. If you live in the Dallas and Richardson area it is important to know what deferred adjudication is, the eligibility requirements, and how it can work to your advantage.
To be eligible for deferred adjudication the crime that is charged must not be a crime listed below:
- An intoxication offense;
- Continuous sexual abuse of a child;
- Aggravated sexual assault of a child;
How it Works
The Defendant must plead guilty or nolo contendere (no contest) to the crime charged. The Judge must then hear the evidence that substantiates the Defendant’s guilt. The Judge will then impose community supervision for a period. The community supervision will be tailored to the crime charged. The Judge will then inform the Defendant that if the Defendant violates any condition imposed, the Judge may make a non-appealable decision to proceed to adjudication, and that if the case proceeds to adjudication and the Defendant is convicted, the Judge may impose whatever sentence originally could have been imposed.
Deferred adjudication is a double-edged blade. If the Defendant fulfils all mandates required by the Court ordered community supervision then the Defendant will have their case dismissed. If the Defendant fails to fulfil any part of the Court ordered community supervision then the Court may find the Defendant guilty of the crime and may punish the Defendant with the maximum penalty. If the Defendant is responsible and is willing to follow the Court’s direction then deferred adjudication is the best bet.
If you are in the Richardson or Dallas area and have been arrested perhaps deferred adjudication is the right choice or you. Please call Nacol Law Firm and set up a consultation to determine if you are eligible for deferred adjudication. Remember the first step to enforcing your rights is knowing them.
Julian Nacol, Attorney
Dallas Criminal Defense Attorney
Nacol Law Firm PC