What is right for you: Pre-Trial Diversion, Deferred Adjudication or “Straight” Probation?

      

            When a person is charged with a criminal offense, only a handful of options are available for resolving that charge.  The vast majority of cases will be resolved by the accused announcing to the court a formal agreement containing the terms of punishment or sentencing that has been agreed upon by the prosecution and the accused.  This agreement is commonly called a plea bargain agreement.

            The most common sentence a criminal defender receives includes some form of probation.  A sentence providing for one of the following probation options would be appropriate for most misdemeanor offenses, minor felony offenses or for those defendants charged with a criminal offense for the first time.

            Perhaps the best probation offer available for a person accused of a criminal offense is the pre-trial diversion program.  This program is reserved exclusively for those defendants who have never before been charged with a criminal offense and is generally not available to those defendants charged with a felony offense.  Pre-trial diversion requires the accused to report to a probation officer once per month for the term of probation and to pay a supervision fee of fifty dollars per month of supervision.  This program rarely requires the accused to pay a fine or court costs, to attend offense related educational classes, or to complete community service.  If the accused successfully completes the program, his or her criminal history report will not reflect a conviction for the offense.  The true benefit of this program is the accused’s right to expunge or remove the arrest and indictment from his or her criminal history report.

            Sentences providing for a period of probation may also include deferred adjudication and straight probation.  Both of these sentencing options are available to those charged with either misdemeanor or felony offenses, though deferred adjudication is exclusively available to defendants with no prior convictions.  Both sentences require the accused to pay a fine, court costs and a fifty dollar supervision fee for each month of supervision required.  The accused will also be required to meet with a probation officer once per month for the term of supervision, to complete community service hours, and to attend offense related educational classes.  There is one important difference between deferred adjudication and “straight” probation:  if sentenced to straight probation, the criminal history report of the accused will reflect a conviction even if he or she successfully completes the required probation.  With deferred adjudication probation, the criminal history report of the accused will not reflect a conviction for the offense if the accused successfully completes the probation.  However, neither of these options allows the accused to expunge or remove the arrest and indictment from that report.

                For more information, please visit our website at http://www.meganrachel.com or call our office at 972-424-6069.