Coupland, TX Criminal Defense Law Firms & Lawyers

No, you are not considered a felon while on probation pursuant to a deferred adjudication agreement. In order to have a felony conviction, there must be both a guilty plea or jury verdict of guilt, and a sentencing. Under most deferred adjudication agreements, the defendant pleads guilty and is placed on probation. Sentencing is postponed until after the probationary period is over. If the defendant successfully completes probation, the guilty plea is vacated and no sentencing occurs. Because sentencing does not occur until the probationary period is over, you cannot be said to be a convicted felon. Keep in mind, however, that should you be found to have violated the terms of probation during the adjudicatory period, and you have already entered a guilty plea, the case will proceed directly to sentencing and at that time, you will have a felony conviction. Also, if you commit a federal offense in the future, deferred adjudications count under the federal sentencing guidelines and could result in a higher sentence for the new offense.

Anything is possible. Some cases get dismissed. Some end with jail time. Some end with prison time. No one can possibly tell you how your case is going to turn out based solely off of the charges that have been filed. You should hire a local criminal defense attorney ASAP. If you can't afford to hire a lawyer, then go to your court date and ask the judge to appoint an attorney to represent you. Do not discuss your case with anyone except for your lawyer.