The terms Probation and Deferred adjudication are sometimes used interchangeably by attorneys, however although they have some similarities they are starkly different.
The Judge presiding over your case can choose to grant you Deferred Probation or Adjudicated Probation (A.K.A. “Straight” Probation).
Deferred Adjudication Probation- Deferred Probation is a unique form of probation to the State of Texas that allows a person to be placed on probation without receiving a final conviction for their offense. The agreement made when pleading or being sentenced to deferred probation is you agree to abide by certain rules (otherwise known as Conditions of Supervision) and so long as you comply with the rules of probation and complete everything assigned to you the case will not lead to a final conviction. However, if you violate the terms of supervision – the Judge can:
1. Amend your supervision conditions (which are called sanctions) without a petition to revoke being granted;
2. Allow you to remain on probation; or
3. Revoke your probation and sentence you to a prison or jail facility for any amount of time within the range of punishment of the offense that you are currently on supervision.
Adjudicated “Straight” Probation- Does lead to a conviction that cannot be sealed in most cases. The Judge grants you supervised release and the rules of probation still apply. The sanctions however change in that if you are in violation of the terms and conditions of your probation and your supervision Is revoked then the maximum sentence that you can face is what was agreed to at the time of the plea agreement.
The conditions of supervision allow you to live your life relatively normal with some stipulations that include: Drug Testing, office visits with a Supervision Officer, classes and assessments, fees and home visits, etc. Each case is different, and conditions of supervision are tailored to fit the offense for which an individual is placed on probation.
Parole is supervision after you have been sentenced to a prison facility. The parole board will decide based on your sentence, criminal history, stability, prison conduct, drug and alcohol assessment and your underlying offense if you will be granted parole. If granted parole, you will be required to follow certain parole rules which can be similar to probation rules. If you violate the conditions of parole you may be sent back to prison to serve the remainder of your sentence or the parole board may order a sanction such as SAFPF or ISF.
For more information regarding Probation requirements, amendments,