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Deferred adjudication is a plea agreement in US law that allows some defendants to avoid conviction in exchange for a plea and probation. Not all states allow it, and the terms vary. It is usually offered to first-time offenders of minor crimes. Defendants must plead guilty or uncontested, and records may become public. It can benefit both parties, but local law should be examined, and legal advice sought.
Deferred adjudication is a plea agreement in US procedural law that allows some criminal defendants to avoid the possibility of a conviction in exchange for a stipulated plea and probation. When a court offers a defendant a deferred judgment, the court basically gives the person a way to delay formal judgment by admitting to the crime, then participating in probation. If the defendant fails to meet the conditions of probation, the trial will begin; if the defendant wins, the trial is canceled and the defendant does not receive a criminal record. Not all U.S. states allow deferment, and those that do have widely differing standards regarding what types of crimes can be deferred, what types of probation is appropriate, and whether deferment records are published, among others. other things.
Deferred adjudication is authorized by a state’s statutory code and is offered at the discretion of the court, usually with the recommendation of the prosecutor. Although the terms of the offer vary based on state law and the court’s assessment of each case, most deferrals are offered to first-time offenders of misdemeanor crimes such as shoplifting, drink driving without injury, and possession of drug. Remands are usually offered when the court finds that the defendant’s criminal behavior was a one-time occurrence that is not likely to recur and could be corrected with probation. Probation can range from community service to participation in drug and alcohol treatment programs, and always comes with a requirement that the defendant not be re-arrested.
A defendant who is offered a deferred decision need not accept it and, as with all things, there are pros and cons to either decision. A deferment can be good for a defendant who believes they will be convicted if the case goes to trial. The deferred adjudication essentially puts the court’s sentencing decision on hold, and provided the defendant successfully completes the terms of their probation, the sentence will never be enforced.
On the other hand, deferment in all jurisdictions requires the defendant to plead “guilty” or “uncontested,” which is a tacit admission of guilt. Such grounds can prove harmful to defendants in some circumstances. Many applications for academic, jobs, and volunteer programs, for example, ask applicants not only if they’ve ever been convicted, but if they’ve ever pleaded guilty to any crime. Deferred judgment defendants should answer “yes.”
The record of the arrest, appeal and postponement of the election of the accused can also become public. Some states will automatically delete the prosecution records once a defendant has successfully completed probation, but some require records to be published, at least for a certain period of time. Still other states allow expunges, but only if specific petitions are filed.
Deferred adjudication can bring significant benefits to both defendants and the court. However, exactly what a judgment will require or convey cannot be resolved without an examination of local law, and there are no universal rules governing how deferrals should be filed or enforced. Defendants wondering whether their cases qualify for a deferred judgment, or deciding whether to accept an offered deferment, should consult an attorney familiar with the laws of the court’s jurisdiction.
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