Law Blog

What is the difference between Probation and Deferred Adjudication?

Another common question our Fort Worth Criminal Attorney gets from clients during the process of their case is what is the difference between probation and deferred adjudication in Tarrant County and/or Dallas County? These dispositions share a lot of similarity but they also have a lot of distinguishing characteristics which will make a difference as to which one you pick.

Probation

Probation, also known as “community supervision” or “straight probation” is basically a suspension of a jail sentence. To be eligible in Texas, you must never have been convicted of a felony in Texas or any other state. So, let’s say you are charged with Driving While Intoxicated (DWI) in Tarrant County. And let’s say that you provide a blood specimen to the police and let’s say that the result shows you were at a .14 Blood Alcohol Concentration (BAC) at the time you were driving. Based on this factor and other factors, your attorney may advise you to try and plea bargain with the State’s attorney and see what kind of deal you can work out. Probation is a possibility in most DWI cases. Let’s say the prosecutor offers you 30 days in jail in exchange for a guilty plea. Your attorney can request the State’s attorney to “suspend” your sentence so you won’t do any actual time in jail instead you will serve out your 30 days in jail at home on probation. Typically, if the DWI is your first offense, you can plan being probation from anywhere from six months to twenty-four months. Of course, some people in some circumstances may do more or less. While on probation, you will have terms and conditions. Examples of these are–

• Don’t get arrested
• Don’t drink alcohol
• Don’t use illegal drugs
• Support your dependents
• Check in monthly with your probation officer
• Pay your probation fees (usually around $60 per month)
• Any other terms that the judge thinks is appropriate
• Any other terms that the probation department thinks is appropriate.

Now, the down said to probation is that you will be convicted. Meaning that you will have to plead guilty and the court will find you guilty. This means that you will have this conviction on your permanent criminal record for the rest of your life.

Deferred Adjudication

Deferred Adjudication, meaning the court “defers” finding of guilt, is the better alternative if you can get it. Deferred Adjudication works virtually the same way as probation in the real-world. All of the conditions mentioned above will also apply to you while on Deferred Adjudication in Tarrant County or Dallas County. In short, you will be expected to be on your best behavior. The big difference, and the reason that most people take it over probation, is that there no finding of guilt. Meaning, as long as you complete terms and conditions for the time-period, the court will not find you guilty but will actually dismiss and discharge your offense. So, there will not be a conviction on your permanent record. Certain offenses are also eligible to be sealed through a Non-Disclosure after your offense has been dismissed.

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Assuming all goes according to plan, really easy… if you are an attorney.

An Uncontested Divorce is otherwise known as an Agreed Divorce. These divorces are often much less expensive and far less time-consuming then a contested or non-agreed divorce. To finalize an uncontested divorce in Tarrant or Dallas County, here is how the process works:

• You hire an attorney. Never, EVER, try to do an uncontested divorce alone. Attorneys in D/FW usually don’t charge a whole lot for uncontested divorces and the time and hassle you will save by hiring an attorney is totally worth it.
• Your attorney will draft the Original Petition and Waiver of Service and send to the other party for signature. These two documents make up two-thirds of the documents the court will need to finalize your divorce. The Petition will start the 60-day waiting period (more on this in a moment) and it will give the court the grounds for the divorce. The Waiver of Service is the document that puts your husband or wife on notice that the divorce has been filed. Normally, in contested divorces, personal service is required on the other party (meaning a process server or Constable).
• Wait the 60 days. In Texas, a husband and wife must wait 60 calendar days before the court will finalize the divorce. In case you are wondering why the waiting period, our legislature wants to promote reconciliation. As an aside, sadly, that normally does not happen.
• Attorney (hopefully) has received signed Waiver and will now draft the Final Decree of Divorce and send to other party for signature. During the 60 day period, your attorney will send the Final Decree to the other party to look over and sign. It is not uncommon for the other party to have a different attorney look over the paperwork and, in fact, we encourage it. The Final Decree will split any property that husband and wife have and will also include the terms of custody and visitation for any children under 18 born or adopted during the marriage.
• Attorney (hopefully) receives signed Final Decree. This is where most uncontested divorces fall flat. Often times, the other party will refuse to sign the Decree for various reasons. Your attorney will be ready for that and will explain your options if this does happen.
• Attorney goes to court with client and does the “Prove-up”. The prove-up is the most difficult part of the uncontested divorce and just another reason why you should always hire an attorney. A prove-up is a series of questions that the attorney will ask their client, mostly just reiterating what is already in the Petition and Decree. Some judges don’t require much of a prove-up, they will just sign the Decree. Some judges won’t require that the prove-up be “on the record”. Some judges, however, can be very finicky when it comes to prove-ups and you never know when a judge will require more information or will ask you to amend your Decree. Having an attorney makes all the difference.
• Divorce is final!!! Assuming all of your paperwork was in order and the prove-up went off without any significant issues, the judge will sign your divorce.

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In short, it is possible. First, if you are ever told by an attorney that he or she can guarantee you a dismissal, they are LYING. Many things happen during the course of a criminal case. Some of which are in the attorney’s control, some are not.

At Our Firm, this is how a criminal case is normally handled.

We will meet with our client face-to-face to discuss what charge the client is facing and to also listen to the client’s side of the story. This part is essential because a lot of times, the story that the police has is vastly different from the story that the client has. A good attorney can tell the difference between who is telling the truth and who is not.
Next comes our own attorney-handled investigation. Our attorneys are experienced with investigation in all types of criminal proceedings. A big part of our investigation is looking at the evidence that the State’s attorney has. It is usually through looking at the evidence where our attorneys will begin to create the case strategy. Every strategy is different. After looking at the evidence, sometime we also need to further our investigation to witness interview, site check, etc. Sometimes, in more serious cases, we employ a third-party investigator that we have on retainer.
After the investigation, our attorneys will decide whether the case is one we should contest or one in which we should negotiate with the State’s attorneys. If there is a legal reason to have your case dismissed, we will do everything in our power to make this happen. But again, there are no guarantees. If often comes down to whether the State’s attorney wants to or even has the authority to dismiss the case. If we cannot get the case dismissed, then we will decide whether we will negotiate a great plea bargain for our client or set the case for trial.
Plea bargaining – this is a very effective form of legal strategy. Very often, our attorneys will work out such great deals for our clients, that they are too good to pass up.
Trial – if we have exhausted all other avenues or if we feel that in the interest of our client’s justice, that a trial is necessary then we will go to trial. We have experience trial attorneys that defend our clients in all types of criminal charges. To be found guilty, a defendant must be unanimously found guilty by a jury of their peers.

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