Am I Eligible for Deferred Adjudication?

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It all depends on the offense charged and the individual’s criminal history. There are several offenses where individuals are barred by law from receiving deferred adjudication. The majority of these offenses involve intoxication crimes. Specifically statutorily offenses under chapter 49 of the Texas Penal Code which are DWI, boating while intoxicated, flying while intoxicated, intoxication manslaughter, etc. A defendant is eligible for deferred if he or she has been charged with most any other offense.

The next hurdle is whether the District Attorney (DA) will be willing to offer deferred. The prosecutor assigned to the case makes this decision on a case-by-case basis. Some of the factors the prosecutor will consider are: the defendant’s criminal history, the nature of the crime, was it a violent offense, was a deadly weapon involved, were there any injuries etc. An experienced attorney can help convince the prosecutor to offer deferred adjudication by exposing weaknesses in the prosecutor’s case.

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