Motion to Adjudicate
Probation in Texas is referred to as community supervision, and there are two forms of community supervision in the Lone Star State. Traditional community supervision, or "straight probation," applies to alleged offenders who are convicted of criminal offenses. When an individual pleads guilty to a criminal offense but there is no final conviction, the alleged offender is placed on "deferred adjudication."
Deferred adjudication is typically offered to first-time offenders charged with misdemeanor offenses, and individuals who successfully complete the terms of their deferred adjudication will not have convictions on their criminal records.
Failure to comply with the terms of deferred adjudication, however, can result in a motion to adjudicate guilt that may lead to the alleged offender being subject to the maximum punishment allowable for the original underlying offense.
Lawyer for Motion to Adjudicate in Brownsville, TX
If you are facing a motion to adjudicate guilt in South Texas, it is in your best interest to quickly retain legal counsel. The Gracia Law Firm aggressively defends clients accused of probation violations in Cameron County, Hidalgo County, and Willacy County.
Jonathan Gracia is an experienced criminal defense attorney in Brownsville who can work to protect your rights and help you achieve the most favorable possible resolution to your case. You can have our lawyer provide a complete evaluation of your case when you call (956) 504-2211 to schedule a free, confidential consultation.
Overview of Motion to Adjudicate in Cameron County
- Who can receive deferred adjudication?
- Why might a motion to adjudicate be filed?
- Where can I find more information about motion to adjudicate in Brownsville?
Under Texas Code of Criminal Procedure § 42A.102(a), a judge can place an alleged offender on deferred adjudication community supervision if the individual was charged with indecency with a child, sexual assault, or aggravated sexual assault, regardless of the age of the victim, or a felony described by Texas Code of Criminal Procedure § 42A.453(b) only if the judge makes a finding in open court that placing the alleged offender on deferred adjudication community supervision is in the best interest of the victim. Texas Code of Criminal Procedure § 42A.102(b) establishes that in all other cases, a judge can grant deferred adjudication community supervision unless the alleged offender is charged with:
- an offense under Sections 49.04-49.08 of the Texas Penal Code; or for which punishment may be increased under Section 481.134(c), (d), (e), or (f) of the Texas Health and Safety Code, if it is shown that he or she has been previously convicted of an offense for which punishment was increased under any one of those subsections;
- indecency with a child, sexual assault, or aggravated sexual assault, regardless of the age of the victim, or a felony described by Texas Code of Criminal Procedure § 42A.453(b), and has previously been placed on community supervision for one of those offenses;
- continuous sexual abuse of young child or children or aggravated sexual assault punishable under Texas Penal Code § 22.021(f) or under Section 12.42(c)(3) or (4), Penal Code; or
- murder, except that the judge may grant deferred adjudication community supervision on determining that the defendant did not cause the death of the deceased, did not intend to kill the deceased or another, and did not anticipate that a human life would be taken.
Texas Code of Criminal Procedure § 42A.103 states that the period of deferred adjudication community supervision cannot exceed 10 years.
When the alleged offender is charged with indecency with a child, sexual assault, or aggravated sexual assault, regardless of the age of the victim, and for a person charged with a felony described by Texas Code of Criminal Procedure § 42A.453(b), the period of deferred adjudication community supervision may not be less than five years.
In a misdemeanor case, the period of deferred adjudication community supervision cannot exceed two years.
The terms of community supervision can vary from person to person depending on multiple factors, including the nature of the alleged crime and the individual's criminal record. Probation violations can be technical or substantive.
A substantive violation involves the alleged offender committing a new criminal offense. Technical violations may include, but are not limited to, any of the following
- Failure to meet with probation officer;
- Failing drug or alcohol test;
- Failure to pay fines or fees;
- Failure to complete community service;
- Failure to undergo counseling or treatment;
- Failure to maintain employment.
Municipal Court | Brownsville, TX — The Brownsville Municipal Court is the judicial branch of the City of Brownsville. It processes and adjudicates Class C misdemeanor, parking, state traffic code, and city ordinance violations. Use this website to access court dockets, pay tickets online, and view hours of operation.
Brownsville Municipal Court
1034 E. Levee St.
Brownsville, TX 78520
Chapter 42A, Subchapter C | Texas Code of Criminal Procedure — Chapter 42A of the Texas Code of Criminal Procedure is dedicated to community supervision, and Subchapter C covers deferred adjudication community supervision. View the full text of statutes covering the placement on, eligibility for, and periods of deferred adjudication community supervision. You can also find information about affirmative findings, requests for final adjudication, and due diligence defenses.
The Gracia Law Firm | Brownsville Motion to Adjudicate Defense Attorney
Are you facing a motion to adjudicate guilt anywhere in the Rio Grande Valley area? You will want to contact The Gracia Law Firm as soon as possible.
Brownsville criminal defense lawyer Jonathan Gracia represents individuals throughout Willacy County, Cameron County, and Hidalgo County.
Call (956) 504-2211 or submit an online contact form to have our attorney review your case and answer all of your legal questions during a free initial consultation.