Some attorneys suggest deferred probation as a way to avoid jail time and a conviction. Quite a few lawyers lead clients to believe that deferred probation is a way to make a criminal case go away altogether.
Deferred probation, or deferred adjudication, is one of two types of community supervision in Texas. With deferred probation, the defendant remains in the community and is supervised by the court. While this may sound great, the most common misconception is that the charge will disappear once deferred probation is complete. It won't.
What Seems Like an Easy Out May Put a Legal Land Mine in Your Future
There are numerous problems with deferred probation, but one of the biggest drawbacks of is this: Even if you fulfill the terms you agreed on with a prosecutor when you accepted this disposition of your case, government agencies in Texas will have access to the information of your arrest.
Even if your charges are later dismissed and a court revokes the probation, the fact that you were on deferred probation will remain in the system.
Potential employers are likely to see these types of charges as a conviction. This is a great downside for many people who have dealings with these agencies, such as applying for employment or government services through them.
How About a Guilty Plea on a Misdemeanor Charge to Get the Case Over With?
Looking for ways to get through a criminal case, many Texans decide to avoid attorneys' fees, go to misdemeanor court on their own, and plead guilty to charges to get their cases over with (they think). The problem with this approach is that the next time you face criminal charges — no matter how trivial they may seem — they will automatically be at the felony level once there is a misdemeanor on your record. Keep this in mind if you have a misdemeanor conviction in your past. This sets the stage for possible felony charges someday, even for a crime that would usually be at the misdemeanor level. In other words, two wrongs can make a felony even when neither is a felony-level matter.
Criminal Law Practice Is a Complex, High-Stakes Matter
Obviously, you have a great deal riding on the outcome of your Texas criminal case. It is worth your determined effort to ensure the best outcome attainable. The Law Office of Michael J. Crawford in Corsicana, TX, is prepared to work hard to help you avoid a problematic outcome such as deferred probation and a guilty plea that can never go away.