January 30, 2008, 11:26
jbagnallMinimum Term for Deferred Adjudication
Simple question: can you place a person, charged with a felony, on deferred adjudication for 1 year?
Art. 42.12, Sec.3 states that in a felony case the minimum length of community supervision is the same as the minimum term of imprisonment.
Art. 42.12, Sec.5 states that in a felony case, the community supervision may not exceed 10 years.
The way I read these, and also "The Perfect Plea", is that Sec.3 addresses straight probation and Sec.5 addresses deferred adjudication.
Any all input is welcome.
JAMIE
January 30, 2008, 12:03
Larry LAt least we have done that in exceptional cases in the counties where I have prosecuted. I have not looked in a while, but as I recall our office tried to find a statutory provision re: minimum period of a deferred, and could not find anything. I have heard of (but not seen) a case where the defendant was placed on a short deferred, made total restitution within a couple of months and was granted "early release". Unlike "regular" probation, I do not think there is ANY minimum period for deferred adjudication.
January 30, 2008, 12:27
JBThere is no minimum time period for deferred adjudication supervision.