Know About A Deferred Adjudication
If you are facing a criminal charge in Texas, you should know more about your options
. As a judge in Dallas for 10 years, Henry Wade has presided over a plethora of cases. Now, as a lawyer with The Wade Law Firm, Wade, who specializes in white collar criminal defense in Dallas, has defended clients on all levels of criminal offenses, both misdemeanors and criminal felonies.
According to Wade, you have multiple options when facing a charge for a crime that you committed other than just pleading guilty and being sentenced. A popular alternative has become deferred adjudication.
The Plea Bargain Agreement
A deferred adjudication is a type of plea bargain agreement that is made between the Texas criminal court and the defendant. In the simplest terms, this refers to having the final verdict of your case postponed until a later time.
In order to receive a deferred adjudication, you will have to plead guilty or no contest to the charge. This is saying to the court that you admit committing the crime in question. If you have no prior arrests or convictions and the court feels that you are in good standing, then the judge will likely give you the defendant the opportunity to take advantage of this plea bargain.
Two Parts of the Charge Available
Depending on your charge, the judge will give you the opportunity to complete community service hours or alcohol classes after you receive the deferred adjudication. Ultimately, if you follow the judges requests, then the criminal charges against you will be dismissed from the court.
While a conviction will not appear on your public record, two parts of the charge will be accessible to anyone who does a background check on you, including employers. One is the arrest documents, which include items such as police notes, witness statements and photographs. The other is the courts decision for a deferred adjudication. The public will still be able to see that you pled guilty or no contest to the charge and accepted the plea instead of being convicted.
The Way to Get Your Record Sealed
Although you cant completely erase the charge from your record, you can petition for it to be sealed by filing for an Order of Non-Disclosure. If the order is granted, then all the documents regarding the charge must be sealed to the public. Getting your record sealed is decided on a case by case basis and depends on how many similar petitions have been filed with the court. It usually takes a few months.
However, since the record is not completely destroyed, this prior charge can be reopened and presented against you in future prosecutions. One of the best ways to learn about all of the possibilities you have regarding your case is to hire an experienced lawyer. Not only can your lawyer go over your case with you, but he can also go over all of your possible options and help you decide which will be the most beneficial for your future.
by: Henry Wade
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