i had no clue about this, but i thought people would like to know. my DUI hit me last year and i’m STILL not on probation yet. (thank you COVID)
my attorney is rock-solid, thank goodness. he told me a lot of officials or judges don’t know you can get a Drug/Alcohol evaluation before you receive probation, or whatever the judge sentences you with. he was able to make this deal with the judge on my last court date pretty easily.
i live in Texas, and i received a .12 BAC. since this was my first ever offense, i received deferred as an option. the threshold to not receive it is .15 and above, and this has been an active law for texas since 2019.
the minimum is still for me to at least get the interlock in my car, but the DAE lets the judge know how long i should keep it in. which makes sense, how could they make a justification that i’m a high risk without evaluating me? and why would it be done after the hearing? that was apparently the court’s original plan. even the evaluation office said they’ve never had this request done in that order before.
so anyways. this is something i’ve learned. and it kept me from having to take additional classes like N/A etc, which saves money for me. the test took all of 10 minutes and $40 i had to pay in advance since usually the PO pays for the evaluation, but since i don’t have a PO yet, it came out of my pocket.
so good luck, and get an attorney no matter what. doing this alone would still put me in a deeper hole with a longer probation if i hadn’t known to do this.
So basically I’m starting deferred adjudication soon and I’ve been told that I’ll need to maintain full time employment during it, but because of my pending charge during the background check, I’ve gotten rejected from two places already. Are there any entry level at home jobs or in person that tend not to have such strict background checks? I’m surprised my charge even showed up because it’s from another state and I live in florida but it showed up under county criminal check, I thought that only shows charges in the county that you live in???
Does anyone have any experience lowering their probation term? Part of the plea was signing away my right to terminate probation early.
15 months deferred adjudication for possession of marijuana and furnishing alcohol to minors (sounds bad but I was 18 when charged for the latter). All fines and fees paid, only a few community service hours to finish.
(TX)So I was told by my lawyer that due to me being on probation (24 months started in Feb) that I am on “deferred adjudication” and do not have an official charge on my record so I should come up clean in background checks. But I’ve been struggling to get a job for a while now even before my trial and I just got a bunch of letters and emails back saying I got denied based on my background check? How are y’all getting jobs? Are their any jobs that are known to hire even with a record? My end goal is to go to trade school bc I heard it’s good even if you have a record but I gotta have a job to get me through that, they aren’t requiring that I have a job for my probation but I still need to pay bills.
Update: Reached out to my lawyer about this, and he said TX makes no differentiation between regular probation and deferred, so early term isn't possible. Unfortunate, but hope this info might help someone else out there.
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I'm wondering if anyone has any experience requesting early termination on deferred adjudication for a DWI in Texas? I'm in a major city if that matters.
I understand that Texas is strict about not granting early release from regular probation for DWI, but the deferred option is a relatively new law, and it's difficult to find more info. I've poked around and TX lawyer websites state that only offenses that require you to register as a sex offender are ineligible for early term from deferred.
This was my first and only offense, getting my IID off in 2 months after a year, no violations, and have been on low priority checking in every 90 days since the start. All other conditions met as well. My PO didn't have any insight and I plan on reaching out to my lawyer closer to my one-year mark (halfway point), but wanted to see if anyone has any first-hand experience to share about the process. Thank you!
You
I am on deferred adjudication probation in texas. I failed one UA recently. I paid off all my fines and have my classes scheduled so far but the probation officer send a motion to adjudicate guilt to the judge and now I have a warrant.. I called my county's warrant division and let them know that I plan on addressing the warrant asap and I am trying to get my bail bond money up before I turn myself in. Did I do the right thing by keeping in touch with them? Can I possibly get my deferred adjudication reinstated? I can't afford a lawyer
I got hired to a Fortune 500, I’m so happy and this is my dream job. I’m starting my orientation/Onboarding, and they require a background check. The thing is I was arrested 3 years ago, I got deferred adjudication, did my probation and was set. My idiot self has not expunged my record. Now I’m anxiously wondering if this will show up on the background check? Is it likely to cause them to retract the offer?
I'm the victim of a F1 aggravated assault with a deadly weapon causing serious bodily injury to a family member, he's also charged with a F2 aggravated assault with a deadly weapon for threatening my brother with the gun after, and a misdemeanor for unlawfully carrying.
The prosecution is wanting to offer him a plea deal for 8 years deferred adjudication? How common is this in Texas for felony assaults? Can you even be offered it for a first degree felony assault? To my understanding if he completes the 8 years he won't be a convicted felon after? Are you still able to have normal rights then like own a firearm?
Shock probation was also talked about, but they said they would have to change the F1 to F2 aggravated assault causing serious bodily injury and just drop (1245?) the other second degree felony all together so he wouldnt have any DW charge. Doesn't shock probation require a formal conviction first and then after a short prison/jail sentence he could get out on probation? How could this be an option for a plea deal?
Are either of these options common for charges like this?? They're saying the deferred adjudication is 'more restrictive' than normal probation, but to my understanding it seems more beneficial to him than restrictive?
What reasons would the DA's office have to try and settle with a minor punishment for this instead of taking it to trial? Does he have to agree to trial or request it or something for it to go to trial? Can I request for it to go to trial? I had 2 broken facial bones, stitches and bruises all over, why would they try to settle it out of court instead of trial? I feel like it would be an easy conviction if taken to trial and if it were a jury trial I have a hard time thinking there's too much risk if the jury were to see the pictures of me from the police in the ER and what I took daily for the following weeks?
What are my rights as the victim in this case?? Both of these seem like extremely like sentences for felonies in general and for pretty serious violent crimes. I have a hearing for a PO next week, but I don't feel much security with it if he is released on either of these punishments. Is that my only right?? Can I request a different prosecutor? Can I appeal the sentence? Do I have a right to do anything else that I'm not thinking of to keep him from getting out any time soon?
I got a surprise hair follicle test last summer and failed big time. I was placed into virtual IOP and have been doing well since; I’m currently in IOP 3. I took a UA last month and passed. The hair follicle test was the only test I’ve failed since my deferred adjudication started in 2017. What is the likely hood of being required to take another hair follicle test? And how far do they really go back? I’ve heard 90 days to basically forever, but do the probation hair follicle tests only test a max of 90 days or more?
We are setting our Part B billing up in NYS.
For part B you must bill same day... but does that mean you must fill for same day as pickup.
Can we fill as cash and adjudicate on the day of sale or set EPiC to defer Adj to day of same so we can have them ready before hand?
First time offender here. My BAC was .29 and I rear-ended a guy. Thank God no one was hurt. I think my lawyer did a pretty good job cause I somehow got deferred adjudication even tho I’m not supposed to be eligible since I was over .15 AND got into a wreck. Anyways, I have to do 2 years of probation. What should I expect from probation? I’m not supposed to drink/drug. Just curious how often I’m going to get supervised or whatnot. Thanks all
Hi all!
A couple of years ago this naturalization was denied per a DWI. The person got their DWI dropped to an Obstruction of a passageway and was put on deferred adjudication for 2 years. The period is now over, and the person has been dismissed of all charges along with being discharged from deferred.
The question now is...When is a good time to apply to naturalization again as the period is now over.
Thanks all
https://twitter.com/AutulloAAS/status/1233053041349230592?s=20
Has anyone ever gotten deferred adjudication in Texas? Its a new law and my lawyer says he's never had anyone get it.
I meet all the requirements (no priors, <.15BAC, no wreck or property damage), but I don't feel very optimistic about it.
My number one concern is keeping this off my record, and how it will impact my career prospects.
Hello all, I just completed 3 years of probation on a 3 year sentence. I was never convicted of the crimes only charged and upon completion of probation the charges were dismissed. During my 3 years I never really thought of the after until now.
Are all of my rights that I had prior restored? Am I allowed to own and purchase a firearm? Am I a free man?
Hello all,
I was pulled over and arrested on October 5th, 2018 for DUI (No accident). My BAC was 0.18. In January 2019, I went to court and was convicted of DUI. No jail time, 15 months probation, and best of all - NO interlock. However, I talked to my lawyer yesterday about the possibility of getting it deferred instead of getting a guilty conviction. He talked to the prosecutor today and told me that the prosecutor is willing to consider it but the probation term would be for the maximum (24 months) and I'd have to install an interlock on my car for a minimum of 6 months. My lawyer asked me to think about it and get him an answer by tomorrow.
I'm confused and don't really know what deal to take. I really don't want an Interlock on my car but I'm guessing a deferred sentencing is better than a guilty conviction. I would love everybody's thoughts on this. Thank you!
Hi all!
So in this case, my friend was applying for citizenship a year ago. Got a DWI in the process and the citizenship was denied. Months have passed, and litigation has gone on.
The DWI was dropped to an obstruction of a passageway and person is on deferred adjudication. The USCIS agent said that the DWI would need to be dropped to deferred adjudication before being able to pass.
Question is: Does the person have to wait for deferred adjudication period to be over to reapply for citizenship, or can they go ahead and apply since they did get it dropped to it.
Also, since you cant reapply while on probation (the person knows this)— can the person apply once probation is done, even though deferred adjudication is still on for another year? (deferred adjudication is on for two years, probation only for one, and the person is eligible for early dismissal.
I hope it’s ok to ask this question here, I’ll try to keep it short and sweet. So when I was 18 I caught a charge for Aggravated Assault in Texas. Nobody got hurt, and I wasn’t even really trying to hurt anyone either, but that’s besides the point. I won’t really go into detail, but basically I got in an argument with a room mate and the roommate left and came back with another person that I assumed was going to fight me. Being the idiot that I was, I pointed a pocket knife at him and told him to get the F out. I caught the charge, and because I was embarrassed at the whole situation and did not want to have to drag people into a trial, I took a plea deal instead for deferred adjudication. This way I was told, I would NOT have a conviction on my record and effectively reduce my chances of going to prison by taking the deal. I eventually was sentenced to 3 years probation, got out after 2 years for good behavior. My question is, since I am no longer under indictment, and have not actually been convicted, can I now legally purchase a firearm? And has anyone ever been in a similar situation or know someone who has, and was able to purchase afterwards? Thank you in advance for any advice!
I was not convicted. I had never been arrested before so the judge offered me deferred adjudication. Once I finish a 5 year probation the charges will be dismissed.
So 3 years ago I was arrested for Aggravated Assault with a Deadly Weapon Towards a Family Member, I spent 3-4 days in County jail before I was able to get bonded out and did everything I needed to do and more. I’m not a person who can intentionally hurt someone else or threaten them but the situation happened from me being pushed and punched by (no longer brother in my eyes) which caused me to loose my balance on some loosely/ if even sand dunes and the alcoholic (he was drunk at the time) was hit by a machete that he threw down and I picked back up cause we were at the beach in Rattlesnake season. Luckily I had gotten a great lawyer and he was able to get me Deferred Adjudication with 2 years probation, mandatory drug test and 240 Hours of Community Service. I completed everything and was done with the case no more anything but I thought that if I completed my CS and Probation that the charge would be cleared from my records according to what I remember my Lawyer saying. However I decided to pay for a background check to just see that it’s been expunged but apparently it wasn’t and I have a felony charge still on my background records! Please help me.
Hi all!
A couple of years ago this naturalization was denied per a DWI. The person got their DWI dropped to an Obstruction of a passageway and was put on deferred adjudication for 2 years. The period is now over, and the person has been dismissed of all charges along with being discharged from deferred.
The question now is...When is a good time to apply to naturalization again as the period is now over.
Thanks all
