If the State has filed a motion to adjudicate guilt in your criminal case, you could risk jail time, fines, and other consequences. Even though the court showed leniency originally, this effort can lead to a permanent mark on your criminal record. You need the guidance of a legal team that understands how to fight back.

What is Deferred Adjudication?

Many people—often first-time offenders—have the opportunity to go through deferred adjudication probation instead of pleading guilty to a crime. This option is also frequently used for minor misdemeanors as opposed to more serious criminal offenses.

With deferred adjudication, you plead guilty, but the court defers the handing down of a sentence. Over a set period of time, you are expected to stay out of trouble and meet various requirements like counseling and community service. If you do everything that is asked of you, the court will generally dismiss the case instead of sentencing you.

Failing to keep up with these terms can lead the prosecution to file a motion to adjudicate your guilt (MTAG). This involves the State requesting the judge to formally find you guilty of the underlying crime and enter your sentence.

Why the State Might File a Motion to Adjudicate

Some common reasons prosecutors may file a motion to adjudicate guilt include:

• Testing positive for drugs or alcohol
• Admitting to using a controlled substance
• Missing a meeting with a probation officer
• Skipping a drug test
• Breaking travel restrictions
•  Committing a new crime
• Curfew violations
• Skipping counseling

Every person who receives deferred adjudication also has a list of conditions they are required to meet. Failure to do so could result in the State filing a motion.

What’s the difference between a motion to revoke and a motion to adjudicate?

In Texas, both a motion to revoke probation and a motion to adjudicate are legal requests that address violations of probation. A motion to revoke probation is filed when a person on probation is accused of violating its terms; if the court finds the individual in violation, their probation may be revoked, potentially leading to the original sentence, which often includes jail time.

Conversely, a motion to adjudicate applies to individuals on deferred adjudication probation, indicating they have not yet been formally convicted of the offense. If they violate the conditions of this probation, the State can file a motion to adjudicate guilt, and if the court grants this motion, the individual will be formally convicted and sentenced for the original offense.

Talk to Barton & Associates, Attorneys At Law, PLLC Right Away

We understand how to deal with these cases, which includes addressing how they differ from traditional prosecutions. We can protect your rights and aggressively pursue a fair outcome on your behalf. Do not put yourself at risk by acting as your own legal counsel. Call as soon as possible for a private consultation.