Is Deferred Adjudication a Reporting Probation in Texas?

Being on deferred adjudication probation for a Class B misdemeanor or higher will feel exactly the same to a defendant as being on “regular” probation.

Now, a County or District Court judge has the option of making any probation, whether regular-conviction or deferred a non-reporting probation. But it’s unusual.

In fact, in Austin/Travis County, it is extraordinarily rare. It’s more likely that I can get a case dismissed, or perhaps a fine only, than that I can work out a “probation by mail.”

I do know, however, that in some counties, probations where you report by mail are common, or even the norm.

But other than that, deferred adjudication means reporting to a probation officer, turning in proof of community service, fines, court costs, U/As, and all the other bells and whistles that come with regular probation.

[Question sent to me via email]

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Comments (6) Read through and enter the discussion with the form at the end
Sad Wife - May 23, 2008 1:54 AM

My husband, a sex offender serving 6 years deferred adjudication for possesion of child pornography, has been speaking with his attorney about early release once he completes 1/3 (2 years) of his sentence. We know that "convicted" sex offenders cannot obtain early release and we have mentioned it; however our attorney assures us that it is possible since it is deferred and the judge has a lot of ability to move.
The original indictment of my husband was federal. After they interviewed my husband at home they left and got back with us about 3 weeks later. They asked him to take a polygraph and he did...and he passed. They agreed to not prosecute him because they did not feel he was a threat (the agents words). He never bought, traded, or communicated in anyway with anyone regarding child pornography. Also, he did not save one single file anywhere...ever.
We thought the worst was over but 11 months later the state came back with the offer of 6 years deferred adjudication. Our attorney (at the time) convinced us to accept it and we foud out 2 days before the hearing that he would be required to register. Having never been in trouble with the law we made a bad choice and accepted the deal...we did not know how hard it would be...it is so very hard on our family.
However, my husband is a model "probationer." He has been very active in the mandatory therapy as well as other religous activities. He has a really strong track record now (and even before his arrest he worked in community development). We know the judge knows how good he is doing so, I guess my question is, is it AT ALL POSSIBLE for my husband to be released early from his deferred adjudication??? We are scared to ask this question because an aboslute NO would be hard...but we need to know. Thanks in advance...Sad Wife

S.O. - June 21, 2008 8:48 PM

Sad Wife. ANY other offense would allow one to get off probation early. However Sexual Offenses cannot be reduced BY LAW. take a look into Statutes 42, 62, and 22.x they lay it all out for you. BTW, the polygraph is witchcraft, it can't better tell truth or lies than divining rods..

rae - August 20, 2008 12:08 PM

how long does a vist with your p.o usally take

Scared from W.F. Tx - April 5, 2010 11:03 PM

Im currently on probation out of Archer county for a forgery charge I got in 2003. I was reinstated in 2007 after sitting 4mths in the county jail in my town. My payments are tremendously behind due to not working and the meds I was taking for bipolar mania anxiety and major depression. It was all making me drowsy at work and other things. My question is, is there a chance of me getting my probation written off without serving jail time. Including no overnight stays? This is a scary subject for me and Im really out here trying to make better for myself.

Similar Question - February 7, 2012 2:14 PM

We are in the same situation as Sad Wife and we are coming up on the 2 year period and had the same question. My husband pled to "Injury to a child" but was required to register. Is it still considered a "sexual offense" that would prohibit him from early release?

Similar SItuation - February 7, 2012 2:17 PM

We are in the same situation as Sad Wife and we are coming up on the 2 year period and had the same question. My husband pled to "Injury to a child" but was required to register. Is it still considered a "sexual offense" that would prohibit him from early release?

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