How Deferred Adjudication Agreements for Felony Offenses Can Affect Sentencing Enhancements

In Texas, many criminal prosecutions are resolved through deferred adjudication agreements. These agreements can be highly beneficial for defendants as they place a formal judgment on hold, allowing the defendant to fulfill certain obligations. Once these are met, the charges may be dismissed or significantly reduced. This approach helps many avoid jail time and a more severe criminal record. However, deferred adjudication comes with its own set of disadvantages. Defendants must admit fault at the start and have fewer opportunities to challenge the charges. Essentially, while deferred adjudication can lessen the immediate impact of a criminal charge, it also requires an upfront admission of guilt and compliance with stringent conditions.

Entering a deferred adjudication agreement can help a defendant maintain a less severe criminal record. However, it’s important to understand that even though such agreements do not result in a formal conviction, they can still be considered in future legal matters. This was highlighted in a recent case heard by the Texas Court of Criminal Appeals. A man, who had entered into a deferred adjudication agreement for a felony charge, was later convicted of unlawful possession of a firearm as a felon. He argued that since his prior offense had been handled through deferred adjudication, it should not count as a “felony conviction” for future offenses. The court ultimately agreed with his contention.

The case arose when the defendant, instead of pleading guilty to a felony, entered into a plea arrangement. Later, the state treated this arrangement as if he had been convicted of a felony when charging him with unlawful possession of a firearm. The man contested his conviction on the grounds that he was not technically a convicted felon at the time of his arrest for firearm possession. The higher court’s ruling supported his appeal, emphasizing that prosecutors should not use deferred adjudication agreements for felony charges as prior felony convictions if the defendant successfully completes the terms or appropriately attends the program.

Despite this favorable ruling for the defendant, it’s important to note that prosecutors and judges can still use prior or current deferred adjudication agreements as aggravating factors when considering prior criminal behavior during sentencing. This ruling is a significant win for criminal defendants and civil rights advocates who are concerned about the misuse of laws to enhance punishments unfairly. It underscores the importance of understanding the nuances of deferred adjudication agreements and their long-term implications.

An Experienced Rockwall Criminal Defense Lawyers for Your Case

A skilled Texas criminal defense attorney understands the intricacies of deferred adjudication agreements and can use them effectively to benefit their clients. They know how to navigate these agreements to minimize legal exposure and future liability while being prepared to fight charges in court if necessary. If you or a loved one has been charged with a crime in Texas, it is crucial to have an experienced criminal defense lawyer by your side. At Guest and Gray, our qualified attorneys have a deep understanding of deferred adjudication programs and how to leverage them to our clients’ advantage. We are committed to providing robust defense strategies and are not afraid to take a case to trial if necessary. Contact us today for expert legal representation and to explore how we can assist you with your case. Your future and freedom are too important to leave to chance. Reach out now for the help you need.