Legal Question in Criminal Law in Texas

No. Deferred adjudication is a form of probation.

If your plea is not guilty and you are found guilty after a trial, and sentenced to deferred adjudication, you have not admitted guilt.

If in a plea bargain, you plead guilty and are sentenced to deferred, you have admitted guilt.

If in a plea bargain, you plead no contest, and are sentenced to deferred, you may or may not have admitted guilt.

Deferred does not remove the arrest from a criminal record. Unlike what you may hear, you still have information on your criminal record from the incident. Success does prevent a conviction, but a criminal record still shows indications of the original arrest. One is legally allowed to say that he or she has not been convicted of a crime if ever asked; however, many job applications now ask if an individual has ever been arrested for a crime. Since a criminal record will continue to show an arrest even when an individual successfully completed deferred, it still can create consequences with current and future employers or other authorities.

Deferred is a good option for some, but this does not mean it is not harmful for others.

Deferred still allows the �admission of guilt� to be used against the individual in other proceedings in the future.

Additionally, if an individual violates the terms on the community supervision, they can be exposed to a punishment up to the maximum range allowed for the underlying charge that put them on deferred. The punishment for violating the terms of probation set by the deferred adjudication is determined by a judge and not a jury.

The exact language of these laws and further details can be found in Article 42.12 of the Texas Code of Criminal Procedure. None of this information can take place of the information, knowledge, and expertise provided by a licensed attorney.

This information's source is from The Lubbock Law Firm. I am not a licensed attorney in Texas but did go to law school there. REMEMBER: There is no legal advice that is "one size fits all". Many things depend on your personal circumstances. Seeking consultation face to face or through a virtual law firm, such as http://thebcmfirm.com with a LICENSED ATTORNEY is the VERY BEST information to receive. It also protects you when you consult a licensed attorney, (like GP Macerola at http://thebcmfirm.com) on an individual basis, in that all attorneys will be and are held liable for the representations that they state as a FACT.