Navigating Deferred Adjudication: How a Criminal Defense Attorney Can Help

Navigating Deferred Adjudication: How a Criminal Defense Attorney Can Help

Deferred adjudication is a form of community supervision, which is often referred to as probation. The key difference between deferred adjudication and standard probation is that, if a defendant successfully completes the terms of deferred adjudication, they will not be convicted. For example, if someone receives a one-year deferred adjudication for a DWI, the charge is dismissed at the end of the term, and the individual is not convicted. This applies not only to DWIs but also to other criminal cases, even felonies, although there are some distinctions.

For DWI cases specifically, deferred adjudication is available for first-time offenders, and it applies only to misdemeanor charges. Once a person has committed a third or more DWI offense, deferred adjudication is not an option. If someone successfully completes the terms of a first offense DWI with deferred adjudication, it won’t show up on their criminal record, which can have significant advantages, especially if they are a first-time offender without a criminal history.

Eligibility for Deferred Adjudication

To be eligible for deferred adjudication on a DWI charge, a defendant typically must be a first-time offender with no prior criminal history. There is also a local program called pretrial intervention that may be offered to first-time offenders who have a blood alcohol concentration (BAC) under 0.15. If a defendant has a felony charge or a prior criminal record, they are unlikely to be offered deferred adjudication. The program is designed for individuals without significant history in the criminal justice system.

Requirements and Steps for Completing Deferred Adjudication

Deferred adjudication typically lasts between 12 and 24 months, though 12 to 18 months is more common. During this time, the defendant is required to report regularly to a probation officer, complete community service hours, pay fines and court costs, and submit to random drug and alcohol tests. These conditions are similar to what is expected from standard probation, but the key difference is that the case will be dismissed if the individual successfully completes the terms of their deferred adjudication.

Alcohol and Drug Testing during Deferred Adjudication

While on deferred adjudication, defendants are required to abstain from alcohol and drugs. The probation officer may administer random tests, and if someone is found to have consumed alcohol or drugs, they could face consequences, including a possible revocation of their deferred status. In particular, it is advisable not to consume alcohol within 72 hours before meeting with the probation officer to avoid failing a random drug or alcohol test.

Deferred Adjudication vs. Standard Plea or Conviction

The most significant difference between deferred adjudication and a standard plea is that a standard plea involves pleading guilty or no contest, and the judge imposes a sentence, which often includes probation or jail time. In contrast, with deferred adjudication, a defendant pleads guilty or no contest, but the judge places the individual on community supervision. If the defendant successfully completes the terms of the deferred adjudication, the case is dismissed, and they do not have a conviction on their record.

In terms of penalties, deferred adjudication can also help avoid some of the other consequences of a conviction, such as a driver’s license suspension. If someone is convicted of a DWI, their license may be automatically suspended. However, there are circumstances in which an attorney can request that the court give credit for the time the defendant’s license was already suspended during the arrest phase.

Advantages of Deferred Adjudication

The primary advantage of deferred adjudication is that the defendant will not be convicted, which means they will avoid a criminal record. This is a major benefit, particularly for those who do not have a criminal history. It also allows a person to avoid the more severe consequences that could arise from a conviction, such as a driver’s license suspension or a permanent criminal record.

Another advantage is that the individual may be able to negotiate for an occupational driver’s license, which allows them to drive for work or other necessary purposes if their license is suspended due to a DWI conviction.

Consequences of Violating Deferred Adjudication Terms

If a defendant violates the terms of their deferred adjudication, the judge has the discretion to impose the full range of penalties available for the offense. For example, a Class B misdemeanor DWI can result in up to 180 days in jail and a $2,000 fine. In some cases, judges may impose harsher penalties, such as jail time. Violations could include failing a drug test or committing other offenses while on probation. When a defendant violates their deferred adjudication, they do not have the right to a jury trial. Instead, they will have a hearing before the judge to determine whether they violated the terms and what punishment should be imposed.

Should Defendants Always Choose Deferred Adjudication?

Whether a defendant should opt for deferred adjudication depends on their individual situation. Some individuals, particularly those who are self-employed or have jobs where a criminal record would not be an issue, might prefer to accept a time-served plea or simply pay a fine. On the other hand, for individuals who rely on their driving privileges or who have jobs that could be impacted by a criminal record, deferred adjudication is often a preferable choice.

Ultimately, the decision to choose deferred adjudication comes down to the individual’s circumstances, including their personal and professional life. An attorney can help guide them through the decision-making process and offer alternatives depending on their case.

The Process of Seeking Deferred Adjudication

A criminal defense attorney does not automatically aim to secure deferred adjudication for every client. The attorney’s first goal is to assess whether the case can be won, including identifying potential flaws in the evidence, such as issues with the initial traffic stop, the administration of breath tests, or the blood draw process. If the case cannot be won, the attorney will explore the best available resolution, which could include deferred adjudication. The decision to pursue deferred adjudication is not based solely on the desire to avoid a conviction but on a thorough analysis of the case’s merits.

Conclusion

Deferred adjudication can be an excellent option for first-time DWI offenders who meet the eligibility criteria. It offers the chance for the charge to be dismissed without a conviction, allowing individuals to avoid a criminal record. However, defendants must carefully consider the terms and the consequences of failing to comply with the requirements of deferred adjudication. Each case is unique, and working with an experienced criminal defense attorney is crucial to determining the best possible resolution.