Legal Blog

When a person is charged with a crime in Texas, there are several options available to the judge when deciding on the appropriate sentence. Two of the most common options are straight probation and deferred adjudication. Although they may seem similar, there are some key differences between the two that can greatly affect the outcome of a criminal case. Straight probation is a type of sentence where a defendant is convicted of a crime, but the judge decides to suspend their jail or prison sentence in favor of probation. The terms of probation can vary depending on the specific case, but they generally require the defendant to comply with certain conditions, such as regular check-ins with a probation officer, community service, drug or alcohol testing, and sometimes restitution to the victim. Deferred adjudication, on the other hand, is a type of sentence where a defendant pleads guilty or no contest to a crime, but the judge defers a finding of guilt. The defendant is placed on probation, much like with straight probation, but if they successfully complete the terms of probation, the charges against them will be dismissed, and they will not have a criminal record for that offense. One of the key differences between straight probation and deferred adjudication is that with straight probation, the defendant is convicted of the crime, and it will remain on their record as a conviction. This can have serious consequences for their future, including difficulty finding employment, housing, and even loans. With deferred adjudication, the defendant is not technically convicted of the crime, and if they successfully complete probation, they can petition the court to have the case expunged from their record. Another difference between the two is the level of supervision required. With straight probation, the defendant is generally required to check in with their probation officer on a regular basis and may be subject to more frequent drug or alcohol testing. With deferred adjudication, the level of supervision is generally less intense, although this can vary depending on the specific case. One final difference to note is that with deferred adjudication, the judge has the option to revoke probation and find the defendant guilty if they fail to comply with the terms of their probation. Or the defendant’s deferred adjudication probation can be unsatisfactorily terminated, again, without a final conviction. With straight probation, the defendant is already convicted, so if they violate probation, the judge has the option to revoke probation and send them to jail or prison. While both straight probation and deferred adjudication involve probation as a sentence, there are some key differences to consider. Straight probation results in a conviction, while deferred adjudication does not, and can be sealed by a petition for non-disclosure from a defendant’s record if they successfully complete probation. The level of supervision and consequences for violating probation can also vary between the two options. It’s important to consult with an experienced criminal defense attorney to determine which option is best for your specific case.