When is a conviction, not a conviction? In the movies, it looks like the only two possible outcomes in a criminal case are the jury acquitting you or the jury finding you guilty, in which case the judge will hand down a sentence; if it is the main plot of a movie, then the sentence usually involves prison time. In reality, most criminal cases do not even go to trial. Sometimes, things blow over quickly; the court dismisses the case shortly after the defendant gets arrested, and then life goes on like nothing happened, except that the defendant has an arrest record that can appear on background checks. It is also possible that the court will dismiss the charges sometime during the pretrial phase when it becomes clear that there is not enough admissible evidence to convict the defendant. Then there are no contest pleas, where you do not plead innocent or guilty. A no-contest plea does not enable you to avoid a sentence, but it does enable you to avoid a conviction. Deferred adjudication is one scenario in which defendants plead no contest.
To find out more about deferred adjudication in Texas sex crime cases, contact a Texas sex crime attorney.
Dallas Man Avoids Jail Time in Two Sex Offense Cases
Many jurisdictions have deferred adjudication programs in Texas, where a defendant enters a plea of no contest and serves a probation sentence; when the defendant successfully completes the sentence, the court drops the charges, thereby enabling the defendant to avoid a conviction record. In some jurisdictions, deferred adjudication is only for offenses arising from substance use disorder, such as drug possession or substance use disorder. In others, it is only for nonviolent misdemeanor offenses by defendants with no prior criminal record. Despite its reputation for being tough on crime, Texas is generous with deferred adjudication; some defendants accused of felony sex offenses are eligible for deferred adjudication programs.
A man pleaded guilty in Tarrant County to indecent assault of a 17-year-old girl stemming from an incident of nonconsensual touching during a New Year’s party. He was sentenced to eight years of probation. A year later, in Dallas, he faced charges of indecent assault of an adult woman. He pleaded no contest in the Dallas case and entered a deferred adjudication agreement. In April 2024, the court ordered him to serve 18 months on probation and perform 80 hours of community service. During his probation, he is not allowed to own firearms or use alcohol or drugs. The terms of each person’s probation are unique to the case; probation and community supervision cases involving crimes against minors often require the defendant not to be in contact with minors.
Contact the Law Office of Patrick J. McLain, PLLC About Criminal Defense Cases
A Dallas criminal defense lawyer can help you if you are facing charges for a sex offense and are wondering whether there is an opportunity for deferred adjudication in your case. Contact the Law Office of Patrick J. McLain, PLLC, in Dallas, Texas, to discuss your case.