Deferred Adjudication and Probation

What is the difference?

When a judge sentences you to probation, he finds you guilty of the crime charged and suspends your sentence. If you fulfill the requirements of your probation, you will not be sent to prison or jail. When a judge places you on deferred adjudication, he does not find you guilty. He finds that there is sufficient evidence to find you guilty but defers a finding of guilt and places you on community supervision, i.e. probation. If you successfully serve your community supervision, you will never be found guilty of the crime with which you were charged. If you fail at deferred adjudication, the judge can sentence you to any term within the range of punishment for your crime.

The practical benefits of deferred adjudication have been greatly aided in the last fewyears with the recent amendment of Section 411 of the Government Code, which allows for a Petition for Nondisclosure to be filed in certain instances. (For more information, see the next Question.) Although deferred adjudication, unlike probation, allows you to honestly say that you have never been convicted of a crime, many employers do not care about the distinction. We have had many people call us and complain that deferred adjudication is on their records when their lawyers told them that a deferred plea would keep their record clear. Deferred adjudication is not the same as a dismissal. You may have a criminal record even if you are placed on deferred adjudication. Also, the law does not allow deferred adjudication for some crimes, such as Driving While Intoxicated.

Contact a Houston Criminal Defense Attorney from our firm as soon as possible if you have been arrested or are under investigation.

Return to Frequently Asked Questions