IF HE DOES EVERYTHING REQUIRED OF HIM FOR THE 9 MONTHS AND IF HE DOES NOT COMMIT ANY VIOLATIONS OF THE LAW THEN HE WILL NOT HAVE THIS CRIMINAL CHARGE ON HIS RECORD. THE RECORD WILL REFLECT THAT HE WAS GIVEN WHAT IS SOMETIMES CALLED PROBATION BEFORE JUDGEMENT. MEANING IT IS NOT A CONVICTION.
Deferred Adjudication is a plea bargain agreement between a defendant, and a Texas Criminal Court in which formal judgment
is withheld or "deferred" pending the outcome of the probation period. If an individual is given deferred adjudication and he or
she successfully completes the probation and conditions assigned by the court, the charges are dismissed. In order to obtain DA
from the court, the defendant MUST either enter a plea of "guilty" or a plea of "no contest". Essentially, both pleas mean the same
thing; with the exception being that a plea of "no contest" has certain advantages as far as protecting the defendant against any
subsequent civil litigation proceedings related to the original crime he/she was originally charged with
2007-02-15 10:41:38
·
answer #1
·
answered by Anonymous
·
0⤊
0⤋
Here is what you are looking for..this is from a veteran officer, 11 years and counting. Deferred ajudication means at this point in time the court has placed the defendant on a set of guidelines, it is not probation. The defendant has not entered a plea of guilty and the case is being placed in a holding pattern if you will. The court is telling your friend that if he follows whatever guidelines the court has imposed on him for nine months that he will report back to the court on a set date and time for the case to be ajudicated, it is at this time that the charges are dismissed with prejudice.
However if your friend screws up in that 9 months all deals are off and the charges continue on through the legal process. This is not some conspiracy to build a better case, because they CAN"T. Once a defendant has been charged the prosecution is not allowed to continue trying to find more evidence of their crime. Otherwise they would be charging people with the hopes they could find evidence to convict them sometime during the process.
Deferred prosecution is a sweet deal that allows you to walk away with no conviction on your record becuase you have never been convicted of a crime.
Tell your friend to not screw it up.
2007-02-15 12:08:50
·
answer #2
·
answered by John F 2
·
0⤊
0⤋
Daily I hear this word butchered. It is "adjudication". Think "conviction". It means that if he can comply with the terms and conditions, he wont be convicted of the crime, and when his probation period is over, then the charge shows as "disposed", not convicted. In TX, a UCW charge conviction "can" (not shall) cause you to lose the right to own firearms.
Its a slap on the wrist. Tell him to take advantage, and do what he is asked.
2007-02-15 12:14:33
·
answer #3
·
answered by journeyfan75 2
·
0⤊
0⤋
Short form: If he stays out of trouble for 9 months, the charges for the weapon will be dropped. If he gets in trouble, he will face charges for the weapon in addition to the new charges.
2007-02-15 13:33:31
·
answer #4
·
answered by STEVEN F 7
·
0⤊
0⤋
AJUDIFICATION is not a word.
however adjudification I believe means there will be a later litigation. (thats when your friend will have a right to defend himself or be represented by a lawyer).
Usually when anything is deferred it means the other side is building a case, sometimes due to lack of evidence. your friend is not clear, hes got 9 months until they will decide his punishment I believe.
2007-02-15 10:53:33
·
answer #5
·
answered by ChrissyLicious 6
·
0⤊
1⤋
As I understand the law, you can get an expungement for the deferred adjudication possibly, but not for a conviction or probation.
He better stay clean!
2007-02-15 10:44:11
·
answer #6
·
answered by ? pita ? 4
·
0⤊
0⤋