Articles Posted in Felony Cases

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.