Deferred Disposition vs. Deferred Adjudication in Texas
There’s a lot of confusion about the terms “deferred disposition” and “deferred adjudication” in Texas.
Deferred adjudication is a type of actual probation, for a Class B misdemeanor or higher charge, where the judge says (in legalese), “Based on your plea of No Contest or Guilty, I could find you guilty, but I’m not going to. I’m going to place you on probation, and if you jump through the hoops of probation, at the end of the case you will never be found guilty of the charge.”
To defer – to put off, or postpone. To adjudicate – in the criminal context it means to find you guilty. So when the judge places a defendant on deferred adjudication, he is postponing finding the person guilty, and will never find them guilty, if they successfully complete the terms of probation.
In Texas, that means a real, formal probation with a monthly visit to a probation officer, minimum community service hours, urinalysis for drugs and alcohol, fines, court costs and $62 per month probation fees.
Again, the major distinction here is that this is only for Class B and Class A misdemeanors, and felony charges in Texas. It’s not for Class C, that is, traffic ticket level offenses.
Deferred adjudications are not expungeable, but most are eligible for Motions of Non-Disclosure.
Deferred disposition is only for Class C charges, and is not a formal reporting probation. The theory is the same – that is, if you pay a (smaller) fine, usually take a class, and stay out of trouble, at the end of the deferral period you are not convicted of the offense.
There is no probation officer, or monthly meeting. I suppose you could say that you are on your own probation, but that’s it. Some clerk will pull your file at the end of the term, check to see that monies are paid, certificates for classes are turned in, and run a criminal background check to see that you did indeed stay out of trouble. Then the case is dismissed.
For Class C Assaults, Theft, Public Intoxication, Minor in Possession and similar non-traffic offenses, this is the same as agreeing to take defensive driving, pay a small fine, and not pick up any more traffic tickets to get a speeding ticket dismissed.
In a successfully completed deferred disposition, you are specifically by statute entitled to seek an expunction, not just the less complete sealing of records.
Part of this confusion is perpetuated by Class C prosecutors, and even some Municipal Court judges, who continually refer to this process as “deferred adjudication”. In fact, the two are very different.
[See also, Deferred Prosecution Agreements.]
My 18 year old son was arrested in June for a Public Intoxication of marijuana. He was in his friends car. His friend was charged with Pocession of marijuana and drug paraphenalia (which was a bong over 12") An attorney told us (which we did not hire) that he thought he could get him off the PI because he was in the back seat eating when he was arrested and it would be very hard to prove he was intoxicated and a danger to himself or someone else. The court date is not until August 18, 2008. My son will be at Texas A&M in his junior year geting his Aeronautical Engineering Degree. My son decided to go to talk to the Prosecuting attorney today so he could maybe get this behind him. The attorney told him that he could hire an attorney but he will loose because in the police report my son said that they smoked than went to get something to eat than came back to the park to play soccer. The attorney told him that he was a danger to himself by riding in a car with someone under the influence and that is all they have to prove that he was a danger to himself or someone else to up hold PI. Also if the jury found him not guilty they could then file a possession of drug paraphenalia and he will not get out of it because his finger prints were on the bong. He said the best thing would be to take deferrred disposition. It would be less expensive. Do we have to apply for the expunction or is it automatic if he completes his probation without incident? I would like to know if they can go back and file a more serious charge if he is found innocent of a PI? Do you think taking the deferred disposition is his best choice?