Skip to main content

What kind of time can my boyfriend serve for violating deferred adjudication probation?

Greenville, TX |

he was put on deferred adjudication probation for interrupting an emergency call (misdameanor) and for family violence (misdameanor). his probation officer put in for revocation of probation. he went on it on 03/2011 and was to be off on 7/2012. he did everything except for paying fines wich adds up to 1500$. so what are his chances of going back on probation???

on his court paper work it says deferred without adjudication of guilt, what does that mean?

Attorney Answers 3

  1. The paperwork generally also includes the underlying punishment. It might look something like "180 days probated for 9 months deferred adjudication probation" this example, the maximum possible jail sentence would be 180 days in jail.

    But your boyfriend should really get an attorney to help him out with this case. If he cannot afford an attorney, he can request a court appointed attorney.

  2. Both charges are Class A misdemeanors. The maximum sentence would be one year in the county jail. "Deferred probation" means that he pled "guilty" to the charges, but the judge "deferred" a finding of "guilty". So if he successfully completes the probation, he will not have a conviction. But if his probation is revoked by the judge [in other words, the judge finds even just one count in the motion to adjudicate to be true], the judge will find him guilty. This will mean he will then be convicted. The judge can then sentence him to up to one year in county jail. The maximum length of time a person can be on a Class A misdemeanor probation [whether deferred or straight probation] is 2 years.

    You asked "what are his chances of going back on probation?" Isn't he still on probation? Has he already has a revocation hearing? What does the motion to adjudicate say he has done wrong? Is his only infraction that he has not paid fines? Has he paid any $$ toward the fines? Has he complied with all the other terms and conditions on his deferred probation? For instance, has your BF reported to all probation meetings, completed BIP [Batterers Intervention Program], paid court costs, tested clean on drug tests, is he working on his community service regularly, is he working or going to school, etc.? You write that he has done everything except paying his fines. But from my experience, judges don't revoke just because fines have not been paid. Is that problem the only count in the Motion to Adjudicate? Since his probation is not 24 months long, perhaps the judge would extend the probation to March 2013. I recommend that he/you contact a local defense attorney in your county. She/he would know how that particular judge likes to run his court. Judges have great discretion about whether to revoke a defendant. Some judges will revoke on just one violation while others give a defendant several chances. I could give you an opinion about Tarrant County judges because I have been practicing in TC for 15 yrs, but you should consider talking with a Hunt County defense attorney who is familiar with your BF's judge.

    Note: When a person is revoked on a misdemeanor [as in this situation], he/she will never go to the Texas Department of Corrections ["prison"]. Time would be served in the county jail.

    Hopefully your BF already has been warned that if he gets another ABI-FM charge, it will be filed as a third degree felony, REGARDLESS of whether he successfully completes the deferred probation or is convicted. The range of punishment for a 3rd degree felony is 2 -10 years in prison and a fine up to $10,000. Obviously that would be a more serious charge.

    The use of this information shall not create any attorney-client relationship. As noted, you should seek and retain professional counsel in your local county.

  3. He can be sentenced to the maximum amount of time for the offense and fined the maximum amount.
    He would get credit for any time already served in jail, such as the time when he was originally arrested and he would get credit for any amounts already paid.
    Get him a lawyer. Most criminal attorneys can work him a good deal and keep him from getting handed the max.