What does judgment of community supervision mean?

Answer 1

DEFERRED ADJUDICATION is a judgment of community supervision that defers a judgment of conviction until a later date, upon condition that the defendant successfully completes the required obligations during the deferral period. A deferred adjudication may be SUPERVISED, meaning you will be placed on community supervision and have to pay monthly supervision fees, do community service, meet with a probation officer, take drug tests, classes and counseling, pay restitution, etc., or UNSUPERVISED, in which case you do not, and are on the "honor system." Unsupervised deferred adjudication is better than supervised deferred adjudication as it is less expensive and time consuming.

If you complete the deferral period without violating the terms of your community supervision, you will not have a CONVICTION on your record, but you will have a record of ARREST, and your criminal history record will show that you were arrested but the case was dismissed. You cannot have the record expunged from your criminal history unless the charge was a Class C misdemeanor. However, you may be eligible for a petition for non-disclosure, which limits public access to the criminal record.

Keep in mind that with a deferred adjudication, no determination of guilt has been made, and there is no jail sentence. If you violate the terms of your deferred adjudication, the State will move to adjudicate your case, a warrant will be issued for your arrest, and if the State proves to the judge that you violated the terms of your deferred adjudication by a preponderance of the evidence, the judge can sentence you to anything in the range of punishment for that offense, including the maximum. You have no right to a jury trial and no right of appeal. So, deferred adjudication is like a carrot and a stick - when you successfully complete the deferred adjudication your arrest record will not show a final conviction ("the carrot"), but if you "mess up" then the judge could really be harsh and sentence you to the maximum jail and/or fine ("the stick").

In the case of a PROBATION, you are immediately convicted of the offense, sentenced to a fine and/or jail time, and the fine and/or jail time may be probated in whole or in part. You would be placed on probation for a certain time, pay supervision fees and fines, do community service, meet with a probation officer, take drug tests, do classes and counseling, pay restitution, etc. If you violate the terms of your probation, the State will move to revoke your probation, a warrant will be issued for your arrest, and if the State proves to the judge that you violated your probation by a preponderance of the evidence, the judge can sentence you to only the amount of time you originally received.