DISMISSAL. This is the best result
in a criminal case. Your case is dismissed, you
owe the Court nothing, and you may be eligible to
have the record of arrest on your criminal history
expunged (link hot to expunction
and non-disclosure). See the link for more information
on expunction
of records of arrest from your criminal history.
PLEA TO LESSER CHARGE. This
is another good result in a criminal case. Typically,
the original charge is dismissed, and you plead
to a less serious charge. You may be entitled
to an expunction of
the original charge, and in limited circumstances,
the lesser charge as well.
There are two types of COMMUNITY SUPERVISION
in Texas: (1) deferred adjudication and (2) probation.
The main distinction between the two is that deferred
adjudication generally does not result in a conviction
whereas a probation does. Generally, a deferred
adjudication is a better outcome than a probation.
DEFERRED ADJUDICATION is a
judgment of community supervision that defers
a judgment of conviction until a later date, upon
condition that the defendant successfully completes
the required obligations during the deferral period.
A deferred adjudication may be SUPERVISED,
meaning you will be placed on community supervision
and have to pay monthly supervision fees, do community
service, meet with a probation officer, take drug
tests, classes and counseling, pay restitution,
etc., or UNSUPERVISED, in which
case you do not, and are on the “honor system.”
Unsupervised deferred adjudication is better than
supervised deferred adjudication as it is less
expensive and time consuming.
If you complete the deferral period without violating
the terms of your community supervision, you
will not have a CONVICTION on
your record, but you will have
a record of ARREST,
and your criminal history record will show that
you were arrested but the case was dismissed.
You cannot have the record expunged
from your criminal history unless
the charge was a Class C misdemeanor. However,
you may be eligible for a petition
for non-disclosure, which limits
public access to the criminal record.
Keep in mind that with a deferred adjudication,
no determination of guilt has been made, and there
is no jail sentence. If you violate the terms
of your deferred adjudication, the State will
move to adjudicate your case, a warrant will be
issued for your arrest, and if the State proves
to the judge that you violated the terms of your
deferred adjudication by a preponderance of the
evidence, the judge can sentence you to anything
in the range of punishment for that offense, including
the maximum. You have no right to a jury trial
and no right of appeal. So, deferred adjudication
is like a carrot and a stick - when you successfully
complete the deferred adjudication your arrest
record will not show a final conviction (“the
carrot”), but if you “mess up”
then the judge could really be harsh and sentence
you to the maximum jail and/or fine (“the
stick”).
In the case of a PROBATION,
you are immediately convicted of the offense,
sentenced to a fine and/or jail time, and the
fine and/or jail time may be probated in whole
or in part. You would be placed on probation for
a certain time, pay supervision fees and fines,
do community service, meet with a probation officer,
take drug tests, do classes and counseling, pay
restitution, etc. If you violate the terms of
your probation, the State will move to revoke
your probation, a warrant will be issued for your
arrest, and if the State proves to the judge that
you violated your probation by a preponderance
of the evidence, the judge can sentence you to
only the amount of time you originally received.
COUNTY JAIL. County jail is
an outcome that may occur for serious misdemeanor
offenses, repeat offenders, person who violate
their community supervisions and are revoked/adjudicated,
persons who cannot afford to make bail, or persons
charged with misdemeanor offenses for which jail
time as a condition of community supervision is
required by law. If you have no criminal history,
it is unlikely you would be sent to jail on a
misdemeanor case.
STATE JAIL. State jail is a
punishment facility that is for persons charged
with state jail felonies. State jail felonies
are low level felonies like possession of small
amounts of controlled substances such as cocaine
or methamphetamine. Note that if you are charged
with a state jail felony, you receive a deferred
adjudication, and are subsequently adjudicated,
and sentenced, the sentence is day for day (i.e.,
no “good time” credits or parole).
PRISON. The Texas Department
of Criminal Justice - Institutional Division is
a harsh punishment reserved for the worst crimes,
repeat offenders, and those who violate their
felony probation or deferred adjudication. It
is an unpleasant place, to say the least.
|