Deferred adjudication is a special kind of judge-ordered community supervision (also known as probation) that allows an alleged offender to accept responsibility for their criminal offense without a conviction being placed on their criminal record. A judge will be the only person who can grant deferred adjudication (not a jury), so a prosecutor and alleged offender need to agree to waive a jury trial, and anybody seeking deferred adjudication for a driving while intoxicated (DWI) offense will want to seek the help of a Denton deferred adjudication attorney.
A very common misconception about deferred adjudication is that people who successfully complete it will have their criminal charges removed from their record, but this is not true, as deferred adjudication does not disappear when terms are successfully completed. A person still needs to file a motion for nondisclosure to seal their criminal record, and not all offenses are eligible for nondisclosure.
Deferred Adjudication Defense Lawyer in Denton, Frisco, Lewisville, Flower Mound, TX
If you are facing DWI charges and want to get deferred adjudication, contact the Law Offices of Richard C. McConathy today at (940) 222-8004 for a consultation about your alleged offense in Denton, Frisco, Lewisville, Flower Mound, and surrounding areas of Denton County, Texas.
The Law Offices of Richard C. McConathy has decades of experience helping alleged DWI offenders get the most favorable sentences possible. Our firm can review the circumstances of your arrest and what options might be available to you.
Texas Deferred Adjudication Laws
Subchapter C of Chapter 42A of the Texas Code of Criminal Procedure deals with deferred adjudication community supervision. Texas Code of Criminal Procedure § 42A.101(a) establishes that when it is in a judge’s opinion the best interest of society and an alleged offender will be served, the judge can, upon receiving a guilty or nolo contendere (no contest) plea, hearing evidence, and finding it substantiates guilt, defer any further proceedings without entering an adjudication of guilt and place the alleged offender on deferred adjudication community supervision.
Texas Code of Criminal Procedure § 42A.101(b) states that after placing an alleged offender on deferred adjudication community supervision, a judge must inform the alleged offender orally or in writing of the consequences for a violation of any condition of deferred adjudication. Under Texas Code of Criminal Procedure § 42A.102, a judge can place an alleged offender on deferred adjudication community supervision unless they are charged with DWI with a child passenger, intoxication assault, intoxication manslaughter, flying while intoxicated, or assembling or operating an amusement ride while intoxicated.
An alleged offender is also ineligible for deferred adjudication if they are charged with DWI or boating while intoxicated and, at the time of their offense, held a commercial driver’s license (CDL) or a commercial learner’s permit, or had an alcohol concentration of 0.15 or more. Enhanced DWI offenses are also ineligible for deferred adjudication.
Texas Code of Criminal Procedure § 42A.103 states that in felony cases, deferred adjudication community supervision cannot exceed 10 years. In misdemeanor cases, deferred adjudication community supervision cannot exceed two years.
A judge can extend the maximum period of deferred adjudication community supervision in the manner provided by Texas Code of Criminal Procedure § 42A.753, relating to violations if an alleged offender fails to pay a previously assessed fine, cost, or restitution, and a judge determines that extending the supervision period increases the likelihood that an alleged offender will fully pay the fine, cost, or restitution. Texas Code of Criminal Procedure § 42A.108 establishes that on a violation of a condition of deferred adjudication community supervision, an alleged offender can be arrested and detained.
An alleged offender is entitled to a hearing limited to a determination by the court of whether it will proceed with an adjudication of guilt on the original charge. The court cannot proceed with an adjudication of guilt on the original charge if it finds that the only evidence supporting an alleged violation of a condition of deferred adjudication community supervision is uncorroborated results of a polygraph examination.
Under Texas Code of Criminal Procedure § 42A.111, upon expiration of a period of deferred adjudication community supervision, if a judge has not proceeded to an adjudication of guilt, the judge must dismiss proceedings against an alleged offender and discharge them. A judge can dismiss the proceedings and discharge an alleged offender before the expiration of deferred adjudication community supervision period if, in the judge’s opinion, the best interest of society and the alleged offender will be served, except that the judge cannot dismiss the proceedings and discharge an alleged offender charged with an offense requiring them to register as a sex offender.
A dismissal and discharge cannot be considered a conviction for the purposes of disqualifications or disabilities imposed by law for conviction of a criminal offense. An offense for which the alleged offender received a dismissal and discharge cannot be used as a reason for denying the issuance of a professional or occupational license or certificate to or either suspending or revoking the professional or occupational license or certificate of a person otherwise entitled to or qualified for the license or certificate.
For any alleged offender who receives a dismissal and discharge:
- on conviction for a subsequent offense, the fact that the alleged offender previously received deferred adjudication community supervision will be admissible before the court or jury for consideration on the issue of penalty
- if an alleged offender is an applicant for or the holder of a license under Chapter 42 of the Texas Human Resources Code, the Department of Family and Protective Services can consider the fact that the alleged offender previously received deferred adjudication community supervision in issuing, renewing, denying, or revoking a license
- if an alleged offender is an applicant for or the holder of a license to provide mental health or medical services for the rehabilitation of sex offenders, the Council on Sex Offender Treatment can consider the fact that the alleged offender previously received deferred adjudication community supervision in issuing, renewing, denying, or revoking a license issued by that council
- if an alleged offender is an applicant for or the holder of a professional or occupational license or certificate, the licensing agency can consider the fact that the alleged offender previously received deferred adjudication in issuing, renewing, denying, or revoking a license or certificate if the alleged offender was placed on deferred adjudication community supervision for an offense listed in Texas Code of Criminal Procedure § 42A.054(a), described by Texas Code of Criminal Procedure § 62.001(5) or (6), committed under Chapter 21 or 43 of the Texas Penal Code, or related to the activity or conduct for which the person seeks or holds the license.
A judge who dismisses the proceedings against an alleged offender and discharges them must provide the alleged offender with a copy of the order of dismissal and discharge and, if the judge determines that the alleged offender is or may become eligible for an order of nondisclosure of criminal history record information, must, as applicable, grant an order of nondisclosure of criminal history record information to the defendant, inform the alleged offender of their eligibility to receive an order of nondisclosure of criminal history record information without a petition and the earliest date for which they will be eligible to receive the order, or inform the alleged offender of their eligibility to petition the court for an order of nondisclosure of criminal history record information and the earliest date they will be eligible to file the petition for the order.
Conditions of Deferred Adjudication for DWI Offenses in Denton County
Drug testing and installation of an ignition interlock device (IID) on all vehicles owned or operated by an alleged offender are typically mandatory in DWI cases. Texas Code of Criminal Procedure § 42A.408 is the state law mandating IIDs for alleged offenders in DWI cases and was largely the result of a push by Mothers Against Drunk Driving (MADD).
The length of time an IID must be maintained will be determined by a judge. Early removal of an IID may be possible but is generally unlikely.
If a person fails an IID test, it does not result in a new criminal charge but it will be reported to the judge and could result in additional disciplinary measures. The state may file a motion to revoke probation (MTR) if you violate any term or condition of your probation.
Some of the most commonly filed MTRs include failed drug tests, negative IID results, or failures to report for probation. An MTR could result in convictions, jail time, and other lifelong consequences.
Denton Deferred Adjudication Resources
Cardona v. State, 665 S.W.2d 492 (Tex. Crim. App. 1984) — Robert Jay Cardona was convicted of the felony offense of DWI and assessed a $500 fine and three years imprisonment in the Texas Department of Corrections. Still, imposition of the sentence was suspended and Cardona was placed on probation. Cardona was required to attend the Houston Regional Council on Alcoholism pursuant to an amendment to the terms and conditions of his probation until released by the Court, but his probation was later revoked for his failure to attend the Council as required. The Court of Criminal Appeals of Texas found that Cardona was not afforded the rudiments of due process, in that the evidence failed to show that sufficient notice was given, thus he could not have been shown to have violated the condition in question by a preponderance of the evidence, and the judgment of the Court of Appeals affirming the judgment of the trial court revoking probation was reversed.
Cobb v. State, 851 S.W.2d 871 (Tex. Crim. App. 1993) — Richard Wayne Cobb was convicted in November 1990 of misdemeanor reckless driving and was sentenced to 30 days confinement and fined $500.00, but his confinement was probated for six months and during the period of probation, the state alleged Cobb violated the terms of his probation by engaging in an unlawful act, specifically fleeing from a police officer. A trial judge found that this allegation was adequately proved, revoked his probation, and ordered Cobb to serve his sentence of 30 days in the county jail, although the Texarkana Court of Appeals reversed the order of the trial court and set aside the revocation. The Court of Criminal Appeals of Texas stated that formal proof of the judgment and order of probation is not required in a probation revocation hearing, and reversed the judgment of the court of appeals and affirmed Cobb’s probation revocation.
Find A Denton County Defense Attorney for Deferred Adjudication Charges | Law Offices of Richard C. McConathy
Were you arrested for a DWI and now find yourself in need of deferred adjudication in Denton County? You will want to be working with an experienced criminal defense lawyer who knows how to help achieve the most favorable outcomes to these types of cases.
The Law Offices of Richard C. McConathy has experience with DWI cases over the course of several decades in Texas and understands how to help alleged offenders achieve court supervision instead of damaging jail or prison sentences. Contact the Law Offices of Richard C. McConathy today at (940) 222-8004 for a consultation about your alleged offense in Denton, Frisco, Lewisville, Flower Mound, and surrounding areas of Denton County, Texas.