What is Deferred Adjudication in San Antonio?
Deferred adjudication is a powerful option when facing criminal charges. It is not the best outcome for every case, but deferred adjudication should be always explored when facing criminal prosecution in Bexar county.
Deferred adjudication is a special form of probation in Texas. Deferred adjudication allows a person to avoid incarceration and the devastating consequences of a permanent criminal conviction. Learn more.
HOW LONG DOES DEFERRED ADJUDICATION STAY ON RECORD IN SAN ANTONIO?
Criminal charges from an arrest and prosecution in San Antonio stay on the record forever. There is no time period after which they are removed. Deferred adjudication does not change this. Deferred adjudication can be a powerful option to avoid a criminal conviction, but it does not have the effect of clearing the criminal record.
- Will deferred adjudication show up on a background check in San Antonio?Bexar county criminal charges stay on the record forever. Deferred adjudication does not delete the record. Deferred adjudication does allow a person to avoid a final conviction, and in some cases creates the opportunity to have the record sealed through an order of nondisclosure. Learn more.
DOES DEFERRED ADJUDICATION COUNT AS CONVICTION?
Deferred adjudication is not a conviction. However, the incident can be used to enhance certain subsequent criminal charges. The criminal charge is classified as dismissed and closed after successful termination from deferred adjudication.
- Does deferred adjudication stay on your record?Deferred adjudication does not delete or seal the record. While there is no final conviction, the arrest and charge continue to appear on background checks, unless expunged or sealed. Learn more.
WHO QUALIFIES FOR DEFERRED ADJUDICATION IN SAN ANTONIO?
Almost everyone charged with a criminal offense in Bexar county is eligible to make an application for deferred adjudication. Deferred adjudication is available for all misdemeanors and most felonies.
- Is deferred adjudication common in Bexar county?Deferred adjudication is a common outcome in criminal cases across Texas, and San Antonio is no different. Case specific details, criminal history, and offense type can impact the likelihood of getting a deferred adjudication request approved.
- Can you get deferred adjudication for a San Antonio DWI charge?Deferred adjudication is available for people facing a first-time DWI charge. There are a number of qualifying factors, including blood alcohol concentration (BAC), and whether or not the incident involved an accident. Learn more.
WHAT HAPPENS WHEN YOU COMPLETE DEFERRED ADJUDICATION?
At the end of the deferred adjudication term, the judge signs termination paperwork which has the legal effect of releasing the defendant from probation, dismissing the charge, and closing the case. This typically does not happen on the exact end-date, as processing can take additional days and sometimes weeks.
- Does deferred adjudication show up on a background check in San Antonio?Deferred adjudication charges appear on every background check forever. In certain situations the record can be sealed after deferred adjudication is complete. This can be done through an order of nondisclosure. Learn more.
- How long does deferred adjudication stay on record in Bexar county?The charge(s) remain forever. Deferred adjudication does not delete the record. Deferred adjudication can create an opportunity to seal the record through an order of nondisclosure. Learn more.
- Is deferred the same as dismissed in San Antonio?Deferred adjudication results in a dismissal, but it is not the same as receiving a dismissal without probation. The best criminal attorneys in San Antonio will weigh the potential collateral consequences of deferred adjudication against the benefits on a case-by-case basis before presenting a recommendation for case resolution. Learn more.
- Can a deferred adjudication be expunged in Texas?It is not possible to expunge the record after completing deferred adjudication. Though it may be possible to seal the record through an order of nondisclosure. Learn more.
- Can you get deferred adjudication for a felony in San Antonio?Deferred adjudication is available for some, but not all, felony charges. The Bexar County District Attorney’s office offers deferred adjudication on a case-specific basis after negotiation, investigation, and advocacy.
TERMINATING DEFERRED ADJUDICATION IN SAN ANTONIO
Deferred adjudication terms are set at the time of plea by Bexar county judges. Judges have the power to extend the term, and in situations of noncompliance a judge can revoke probation and terminate deferred adjudication, convicting the defendant of the offense. Learn more.
- How can I early terminate probation in San Antonio?Early termination or early release from probation is possible, even with deferred adjudication. In San Antonio, a defendant must file a motion requesting the early termination with the Bexar county court or district court the case is in. The judge has total discretion over this decision, and will consider a number of factors. Learn more.
- Risks of deferred adjudication in San Antonio Judges have total discretion over punishment after granting deferred adjudication. Successful completion of deferred adjudication results in a dismissal. However, If the State files a motion to revoke probation during the period of supervision, the judge can impose any punishment applicable under law, including the maximum. Learn more.
SAN ANTONIO DEFERRED DISPOSITION
Deferred disposition is not the same as deferred adjudication. In San Antonio, deferred disposition can be obtained in a municipal or justice of the peace court. Exclusive to Class C misdemeanors, deferred disposition charges can be expunged.
- How long is deferred disposition in Bexar county?The maximum length for a deferred disposition in San Antonio is 6 months.
TREY PORTER NAMED BEST LAWYER IN CRIMINAL DEFENSE
Mr. Porter is a dynamic advocate, nationally recognized for his work in Criminal Defense. Voted by his peers as a Best Lawyer in the field of Criminal and DWI Defense every year since 2015, Mr. Porter has been selected as a Texas SuperLawyer, and distinguished as a Top 40 Under 40 Criminal Defense Lawyer by the National Trial Lawyers Association. Mr. Porter holds a Superb rating from AVVO, where attorneys are rated based on skillful litigation, client satisfaction, peer endorsements, and positive results. Learn more.
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Trey is the man! I hired him because I had overheard a county court judge mentioning how awesome of an attorney he is, so if an endorsement from a judge won’t convince you then I’m not sure what will. I sure do hope I never find myself in a pickle ever again but if I do, I would hire Trey in a heartbeat. He’s honest, transparent, doesn’t beat around the bush, and will work tirelessly so that your clean record stays clean and unblemished. 5 stars, highly recommend!
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He was prompt, professional and poised. I was charged with DWI, and Mr Porter got the charge dismissed. I could not be more pleased or thankful. If you get a DWI, hire the best — hire Trey Porter.
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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