When facing a DWI charge in San Antonio, Texas, it’s essential to explore your legal options. One such option is deferred adjudication, a plea bargain offered by state prosecutors that can help you sidestep a conviction on your record.
This blog post will delve into the details of deferred adjudication, its requirements, and its benefits when dealing with DWI cases.
If you have any questions, please contact us today.
What is Deferred Adjudication?
Deferred adjudication is a plea-bargain alternative provided by Texas state prosecutors, allowing defendants to avoid a conviction on their record. It results in a dismissal after the completion of a set deferred adjudication period.
However, this alternative requires community supervision, entailing specific obligations. For instance, in a DWI case, a deferred adjudication plea bargain might include alcohol education courses and the installation of an ignition interlock device for a defined period.
Successful completion of these requirements leads to a case dismissal, ensuring a clean record.
How to Successfully Complete Deferred Adjudication
To complete deferred adjudication successfully, you must fulfill several conditions:
- Finish all required courses,
- Pay community supervision fees,
- Cover court costs,
- Submit all course certificates to the community supervision department, and
- Avoid ignition interlock violations.
Upon satisfying these requirements, you can be released from deferred adjudication if at least 50% of the period has passed, and you file a motion for early termination.
Certain types of charges and certain courts will not allow early termination from DWI related offenses. Failing to file such a motion will result in the completion of community supervision at the predetermined period’s end.
For misdemeanors, this period is typically around 12 months, while more serious cases can extend from 2 to 10 years. Note that deferred adjudication in Texas cannot last longer than 10 years.
Distinguishing Deferred Adjudication from Probation
Deferred adjudication and probation are similar in that they involve supervision, but they differ significantly in their legal implications. With deferred adjudication, successful completion leads to a case dismissal, leaving only the arrest and the dismissed case on your record.
In contrast, probation involves a conviction on your record, making it more challenging to clear your name. In some cases, deferred adjudication allows for nondisclosure or expunction, depending on the specific circumstances.
To make an informed choice, consult with an attorney who can advise on the long-term effects on your record and the possibility of sealing your record.
Is Deferred Adjudication Costly?
Deferred adjudication does not impose additional costs compared to probation. Both options involve paying a monthly community supervision fee, typically ranging from $60 to $100 in most Texas counties.
Regular payment of probation fees is crucial, as failure to do so can lead to a motion to revoke probation or a motion to adjudicate deferred adjudication.
Why Choose Deferred Adjudication Over Conviction?
Despite the obligations associated with deferred adjudication, it’s a preferred choice over probation because it keeps a conviction off your record. Though it may require effort, the long-term benefits are significant.
Your record remains clean, and there’s a possibility of sealing or removing it altogether down the line. We always recommend striving for dismissal first, but when that’s not feasible, we suggest opting for deferred adjudication in almost every situation, over probation.
Get in Contact With a San Antonio DWI Lawyer Today
In conclusion, understanding deferred adjudication in DWI cases is crucial for making informed legal decisions. It offers the opportunity to avoid a conviction on your record and provides a path to a clean slate.
If you’re facing DWI charges in San Antonio or the surrounding areas, contact Austin Hagee Law Firm for experienced legal guidance.
Austin M. Hagee is a trusted and proven San Antonio trial lawyer who tirelessly defends his clients’ constitutional rights. As a former prosecutor turned nationally recognized criminal defense attorney, Austin has the knowledge and expertise to get the best possible outcome for his clients.
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