Probation, also known as community supervision, is a common alternative to jail time in the Texas criminal justice system. When someone is convicted of a crime but is given the chance to serve their sentence in the community instead of jail, this is called probation. Rather than being incarcerated, the defendant agrees to abide by certain conditions set by the court. These conditions can include regular check-ins with a probation officer, community service, fines, drug or alcohol testing, and attending counseling sessions. Probation allows the individual to live at home, maintain a job, and keep connections with family and community, but it requires strict adherence to the court’s requirements.
In Texas, probation can last anywhere from one to ten years, depending on the severity of the crime and the judge’s ruling. While on probation, the defendant must follow the specific conditions outlined by the court. Violating the terms of probation can lead to severe consequences, including the defendant being sent to jail or prison to serve the original sentence. Probation is often used for non-violent offenses or for first-time offenders who have a chance at rehabilitation.
A probation officer typically oversees the individual on probation, ensuring they are complying with the terms. This professional may require regular check-ins, home visits, and even drug testing. If the defendant successfully completes their probation term without further issues, they can often avoid any jail time, provided they follow the court’s instructions carefully.
What Is Deferred Adjudication 
Deferred adjudication is another option available to individuals in Texas facing criminal charges, but it works differently from probation. With deferred adjudication, the judge delays making a formal ruling on the defendant’s guilt until the defendant completes a period of probation. This means that if the individual successfully fulfills the terms of their probation, the court may dismiss the case without a formal conviction. It’s an option typically used for first-time offenders or those accused of non-violent crimes.
Deferred adjudication offers individuals the possibility of avoiding a criminal conviction on their record if they follow all of the terms outlined by the court. This can be a significant advantage, especially when it comes to future employment opportunities, housing, and other legal rights that can be impacted by having a criminal record. However, if the individual fails to comply with the conditions of deferred adjudication, the judge can proceed with the original charges and issue a conviction. Essentially, the deferred adjudication program offers a second chance, but it comes with the responsibility of meeting all probation requirements.
A major difference between deferred adjudication and probation is that with deferred adjudication, the individual is not officially convicted at the time of sentencing. Instead, the court defers the decision and provides the defendant with a probationary period. This means the defendant will not have a criminal conviction unless they violate the conditions of their probation.
Differences Between Probation and Deferred Adjudication
Though probation and deferred adjudication share some similarities, they are distinct in several important ways. One of the key differences is the conviction status. With probation, the individual has already been convicted of the crime, but instead of serving time in jail, they are given a chance to serve their sentence in the community. On the other hand, deferred adjudication delays the conviction altogether, with the individual placed on probation without an initial guilty verdict.
The eligibility for these programs also differs. Probation is typically available for individuals who have already been convicted of a crime but are considered suitable for rehabilitation in the community. Deferred adjudication, however, is more commonly offered to first-time offenders or those accused of minor, non-violent offenses. While both options provide an opportunity for defendants to avoid jail time, deferred adjudication offers a pathway to have the case dismissed altogether.
Another difference is the consequence of violating the terms. With probation, if the individual breaks the conditions, they may face the full punishment for the original offense, including time in jail or prison. With deferred adjudication, if the defendant violates the probation terms, the judge can go ahead and convict them, which would result in a criminal record and potentially jail time.
Who Is Eligible For Probation and Deferred Adjudication
Eligibility for probation and deferred adjudication depends on several factors, including the type of crime committed, the defendant’s criminal history, and whether they are likely to benefit from rehabilitation. In general, probation is available to individuals who have been convicted of non-violent crimes, although some violent offenses may also allow for probation if the defendant meets specific requirements, such as completing a treatment program or undergoing counseling.
Deferred adjudication is typically reserved for first-time offenders or individuals charged with minor, non-violent offenses. Texas law allows for deferred adjudication in certain misdemeanor and felony cases, but it is up to the judge to decide whether to offer this option based on the facts of the case and the defendant’s history.
Some serious crimes, such as capital murder, may automatically disqualify a defendant from both probation and deferred adjudication. Additionally, if the individual has a history of violating probation or deferred adjudication terms in the past, they may not be eligible for these programs.
Advantages of Probation and Deferred Adjudication
Both probation and deferred adjudication offer several advantages to those facing criminal charges in Texas. For individuals who are eligible for probation, it provides a way to serve their sentence outside of jail, which can allow them to maintain a job, care for their family, and avoid the negative consequences of incarceration. This can be especially beneficial for first-time offenders who are considered suitable for rehabilitation and who are unlikely to reoffend.
Deferred adjudication, on the other hand, offers a unique opportunity to avoid a criminal conviction altogether if the defendant successfully completes probation. This can have a significant impact on the defendant’s future, as a criminal conviction can lead to barriers in finding employment, obtaining housing, and other aspects of life. If a person successfully completes deferred adjudication, they can avoid the lifelong consequences of a criminal record.
For individuals who do not qualify for deferred adjudication, probation still provides a chance to avoid jail time and prove their ability to reform. Both options also help reduce overcrowding in Texas jails and prisons, as they offer an alternative to incarceration for those who can meet the terms of probation or deferred adjudication.
The Risks of Probation and Deferred Adjudication
While probation and deferred adjudication offer many benefits, they also come with risks. One of the most significant risks is the potential for violating the terms of probation or deferred adjudication. If an individual violates any of the conditions set by the court, they may face the full punishment for their original offense, including jail or prison time. Violations can include things like missing probation check-ins, testing positive for drugs or alcohol, committing new crimes, or failing to attend required treatment programs.
Additionally, the court has a significant amount of discretion when deciding whether to grant probation or deferred adjudication. If the judge does not believe the defendant is suitable for rehabilitation, they may not offer either option, even if the defendant meets the general eligibility requirements.
What Happens If You Violate Probation or Deferred Adjudication
If you violate the terms of probation or deferred adjudication, the consequences can be severe. In the case of probation, the court may revoke your probation and send you to jail or prison to serve the original sentence. For deferred adjudication, a violation means that the judge may proceed with a formal conviction, and you could face jail time and a criminal record.
The severity of the violation will determine the outcome. For example, minor violations, such as missing a single probation meeting, may result in a warning or an extension of probation. More serious violations, such as committing a new crime, could result in immediate jail time. It’s essential to take probation or deferred adjudication seriously and ensure full compliance with all conditions.
Why You Should Consult With A Lawyer
If you’re facing criminal charges in Texas and are considering probation or deferred adjudication, it’s crucial to seek legal representation. A skilled attorney can help you understand the eligibility requirements for these options and can advocate on your behalf in court. Having an experienced lawyer can make a significant difference in whether you qualify for probation or deferred adjudication and can help ensure you successfully complete the terms of your sentence.
An attorney can also help you understand the potential consequences of violating probation or deferred adjudication, which can help you avoid mistakes that could derail your chances of success. Whether you’re looking to explore these options or are already on probation, a knowledgeable criminal defense lawyer can provide the guidance you need to navigate the process successfully.
If you are facing criminal charges and need help understanding your options, including probation and deferred adjudication, The Greening Law Group is here to help. Our experienced attorneys can guide you through the legal process and work to achieve the best possible outcome in your case.