Firm Accolades
D Magazine
How Deferred Adjudication Works in Texas
Deferred adjudication is not the same as being found not guilty. It’s also not the same as getting away with no punishment. It is a type of probation that allows a person to avoid a final conviction if they follow the rules set by the court. The person pleads guilty or no contest, but the judge does not find them guilty. Instead, the judge waits to see if the person can follow all the rules of their probation. If the person finishes the probation without breaking the rules, the judge dismisses the case. That means there is no conviction on their record. But if the person breaks the rules, the judge can go back and find them guilty. Then they could face the same punishments they would have faced at the start. In underage DWI cases, deferred adjudication can offer a second chance. It gives the young person time to show they can make better choices. But it’s not an easy way out. The rules are strict, and the consequences of failing are serious.
Managing Partner
Partner & Criminal Division Chief
Criminal Trial Division
Criminal Trial Division
Associate Attorney
Of Counsel
What Probation Looks Like for Underage DWI
Probation in deferred adjudication often includes many conditions. The court may order community service, alcohol awareness classes, regular check-ins, and drug or alcohol testing. The young person may not be allowed to drink alcohol at all, even at home. The judge might also order the use of an ignition interlock device, which makes the car check for alcohol before starting. The court also wants to see that the young person is going to school or work and staying out of trouble. Any new arrests, even for something small, can cause the judge to revoke the probation. This can be stressful for both the young person and their family. It is very important to follow every rule the court gives. Missing a class or skipping a check-in can be a big problem. Many people get through the probation just fine, but it takes focus and help from family and sometimes a lawyer.
"Deandra Grant Law – Criminal & DWI Defense handled my case with diligence and professionalism. Deandra Grant's reputation is stellar and now I know why. She has a team of individuals who provide quality service."
- N. Coulter
"Deandra Grant Law – Criminal & DWI Defense fights hard for their clients and is always willing to go above and beyond. They are the best firm for DWI cases in DFW and beyond. Definitely hire them to represent you in any pending cases."
- P. Williams
"Deandra Grant made a tough situation so much better. She listened to my concerns and helped me so much with my case. I would recommend her to anyone needing legal services."
- M. Haley
How Deferred Adjudication Affects a Criminal Record
One reason deferred adjudication is often seen as a better option is because it avoids a conviction. A conviction stays on a criminal record and can show up on job or college applications. It can also affect future driver’s license renewals or make it harder to get professional licenses. But just because deferred adjudication avoids a conviction doesn’t mean it disappears completely. The arrest and the case itself can still show up on background checks. In Texas, a person who successfully finishes deferred adjudication may be able to apply for something called non-disclosure. This hides the record from most employers and schools. Non-disclosure is not guaranteed. The person has to apply for it, and the court has to agree. There are also waiting periods, and not all cases qualify. But it’s a helpful step in protecting the future of someone who made a mistake while they were young.Why Not Everyone Gets Deferred Adjudication
Not every underage DWI case will lead to deferred adjudication. The court will look at the facts of the case, the blood alcohol level, if there was a crash, and if the person has any past trouble with the law. In some cases, the judge or the prosecutor may not agree to defer the case. Also, if the young person already used deferred adjudication for another offense, they may not get another chance. This is why it’s important to have someone explain all the options clearly. Every case is different. A young driver and their family need to know if deferred adjudication is even on the table. If it is, they also need to know what the risks are, and what steps they must follow to succeed.What Happens If You Fail Deferred Adjudication
If a person breaks the rules of their probation, the court can go back and find them guilty. This means the original punishment can be enforced. That could include jail time, fines, more community service, or even a longer license suspension.Related Videos
Biggest Mistakes of a DWI Charge
Choosing a Personal Injury Attorney