Most people have heard the term “deferred adjudication,” but few know what it means. As last week’s column discussed, deferred adjudication is a plea bargain agreement between a defendant and the court, in which a formal judgment of guilt is withheld or “deferred” pending the outcome of the probation period. Here are a few more common questions I’ve received on deferred adjudication:
What can happen if I violate the conditions of the deferred adjudication that the judge gives me?
Bad things. The judge has the discretion to issue a warrant for the defendant’s arrest and conduct a hearing once a violation of the deferred adjudication conditions is properly brought to the attention of the court. During the hearing, the judge (not a jury) will determine if the defendant actually violated the deferred adjudication conditions. If the judge finds that a violation has occurred, he or she can find the defendant guilty of the crime and set the punishment (within the range allowed by law). Equally as important, a defendant has no right to appeal the judge’s decision to find him guilty. In short, someone should do everything they can to follow court ordered conditions once they elect to use deferred adjudication.
If I decide to use deferred adjudication, how long will I have to comply with the conditions that the judge gives me?
It depends on what criminal act the person has been charged with. For a Class C misdemeanor, the maximum period of supervision is 180 days. The maximum period of supervision is two years for a Class A or B misdemeanor. For a felony offense, the maximum period of supervision that a judge can give is 10 years. In many cases, the judge will have the opportunity to set the period of supervision for a period of time that is less than the maximum provided by law. The judge may also terminate the supervision early if he or she believes it is in the best interests of society and the defendant. There are some exceptions to these general rules, especially for sex offenses.
This article appears in April 28 • 2006.