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

At 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.

There is no minimum time period for deferred adjudication supervision.

quote:

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Originally posted by Larry L:
Unlike "regular" probation, I do not think there is ANY minimum period for deferred adjudication.

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That is also correct.