Once that is done, the judge then has complete discretion in choosing a sentence.
In deferred adjudication you have not been found guilty, so the first step is to find you guilty in a revocation proceeding. That means if you violate probation and your probation is revoked you would end up getting sentenced to five years in prison. You might make a deal for 5 years, probated for five years. For instance, in a second-degree felony, the punishment range is 2-20 years. In regular probation, you are sentenced, and if your probation is revoked that is the sentence that will most be likely be imposed. The downside is in what can happen to you if you violate the terms of supervision. While it's not a perfect solution - for reasons that take far too long to explain here - it's about the best you can do.Īs with most things, the benefit comes with a downside. That can be a significant benefit for those who are worried about the effect a final conviction can have on their future. In most cases, you can also obtain an " order of non-disclosure" which basically seals your record. You are then placed on supervision, and if you successfully complete probation, the charges are "dismissed" and you can truthfully claim you don't have a conviction. Instead, he (or she) will find there "is sufficient evidence of guilt" and defer a finding of guilt - which is why it's called deferred. In deferred, the judge does not find you guilty when he places you on probation. Once you complete your term of probation you're done - and you still have a conviction. In a regular probation the judge will find you guilty, sentence you, and then suspend the imposition of the sentence. The big benefit from deferred comes from the process leading up to being placed on probation. You still have to report to a probation officer, pay for the privilege of being on probation, stay out of trouble, take some classes, and generally do whatever your probation officer tells you - which includes where you can go and when you have to be home. As far as what you have to do on supervision, there is generally no difference. The first thing to recognize is that deferred adjudication is simply a type of probation (sometimes referred to as community supervision). However, there are also significant risks that you must be aware of. There are benefits to being placed on deferred adjudication as opposed to regular probation. Cases are sometimes resolved with an offer of deferred adjudication.