What is Deferred Adjudication in Austin?

Deferred adjudication is a special form of probation that allows a person to avoid incarceration and a final conviction.

A defendant must enter a plea of guilty or no contest and waive constitutional rights in order to apply for deferred adjudication in Travis county. If a judge grants deferred, then in exchange for participating in probation, a person is guaranteed a dismissal. 

Upon successful completion of the agreed to probation, the case is dismissed, and there is no final conviction. In some circumstances, the charge can later be sealed or expunged. Learn more.

  • What does deferred adjudication mean in Austin?Deferred adjudication means to delay the final result in a criminal prosecution. It defers a finding of guilt by a judge to a later date. The period of time adjudication is deferred for makes up the term of probation. If the term is completed successfully, the charge is dismissed.

  • How long is deferred adjudication in Austin?In Texas, deferred adjudication can last up to 2 years for misdemeanor charges, and even longer for felony charges, depending on the classification of the felony. Deferred adjudication does not happen automatically, and must be requested from, and granted by, a judge.
  • Can you get deferred in Austin?Yes, it is possible to get deferred adjudication in Austin when facing prosecution from the Travis County District Attorney, depending on the charge, facts of the case, and person’s criminal history. 

Is deferred adjudication better than straight probation?

Deferred adjudication is much better than straight probation. Deferred adjudication begins with no conviction, and a guaranteed pathway to dismissal. Straight probation begins and ends with a conviction. Learn more about deferred adjudication vs straight probation here.

  • What happens when you complete deferred adjudication Texas?After successfully completing deferred adjudication in Austin, the criminal charge is dismissed and the criminal prosecution is over.
  • What are the requirements for deferred adjudication in Austin?In almost all situations deferred adjudication will require a person to complete a probation term. Probation has a number of requirements, including but not limited to, drug testing, checking in, and travel restrictions.
  • Can you buy a gun in Austin with deferred adjudication?You are temporarily prohibited from purchasing a gun while on probation in Texas. This temporary prohibition does not extend by law to the possession of firearms.

Can you get Deferred Adjudication for DWI in Texas?

If you have been charged with DWI in Austin you may be eligible for DWI deferred adjudication. There are a number of qualifying factors, including blood alcohol concentration (BAC), and whether or not the incident involved an accident. Learn more.

  • How do I get off deferred adjudication early in Texas?A person can get off probation early in Travis county through early termination. Probations are terminated early regularly in Austin. It’s important to note that there are a number of factors that go into determining whether or not an individual will be eligible to pursue this option. 

Does deferred adjudication show up on a background check in Texas?

Yes, criminal charges will show as pending while a person is on deferred adjudication probation. This status will change to dismissed after successful completion of the probation term. 

  • Can you seal a deferred adjudication in Texas? Yes, in some circumstances you can seal a criminal charge after dismissal through deferred adjudication. This legal process can be done through a petition for an order of nondisclosure.  An order of nondisclosure has the effect of sealing the record. Learn more.

Top Criminal Defense Lawyer in Austin

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What is Deferred Adjudication in Austin?

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    Read More Reviews

    WE FIGHT FOR DISMISSAL

    WE FIGHT FOR DISMISSAL

    CHARGES DISMISSED

    DRIVING WHILE INTOXICATED .15

    Driving facts involved failing to maintain a single lane and speeding. Client refused breath test and forced law enforcement to obtain search warrant for blood. Blood test result was not used after challenge from Defense, and State waived and abandoned charge.

    CHARGES DISMISSED

    DRIVING UNDER THE INFLUENCE

    Client was a college student, worried about the collateral consequences of an alcohol offense. After negotiation and review of the traffic stop, the case was dismissed. Client received no criminal conviction. The charge was later expunged and deleted from client’s record.

    CHARGES DISMISSED

    DRIVING WHILE INTOXICATED .15+

    Client was involved in minor accident. Client was at fault in accident. A young executive, client was concerned that a criminal conviction for DWI would result in termination. After review of the traffic stop, it was clear the officer lacked probable cause for arrest. State eventually dismissed DWI charge. Client received no criminal conviction.

    CHARGES DISMISSED

    DWI 2nd

    Client, a military veteran, was facing up to one year in jail. State could not prove intoxication by alcohol, and was prepared to proceed on loss of use by marijuana. After challenging the State to prove that marijuana was ingested at or near time of driving, and that marijuana impaired client’s driving, the State dismissed the case on the day of trial.

    CHARGES DISMISSED

    DRIVING UNDER THE INFLUENCE

    Driving facts involved a false claim by police that taillight was out. After challenging the reasonable suspicion for the traffic stop, the State was forced to dismiss the case when video did not match police report. Client has since expunged arrest, and has no criminal record.

    CHARGES DISMISSED

    DRIVING UNDER THE INFLUENCE

    Client is a public school teacher and faced immediate termination upon conviction. The facts of the case were bad. State was unwilling to budge in negotiation, and matter was set for trial – the last shot at avoiding a conviction and preserving client’s livelihood. State was forced to dismiss on day of trial. Client has no criminal record, and has since expunged the DWI arrest.

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