Cofer Luster Criminal Defense Lawyers | September 17, 2025 | Criminal Defense
Many defendants confuse probation with deferred adjudication, but these are two distinct outcomes in the Texas criminal justice system. If you’ve been arrested and charged with a crime, understanding the difference between probation and deferred adjudication is essential as you prepare to face the court and seek ways to reduce the long-term impact on your record.
What is Probation?
Probation, also called community supervision in Texas, is an option where a judge allows someone to remain in their community instead of serving time in jail or prison after they are convicted of a crime. Probation doesn’t erase the conviction, but it allows a person to avoid jail or prison time and prove they can stay out of trouble.
How Does Probation Work?
If you’re granted probation, that means you have been found guilty, but the judge allows you to return home as long as you agree to certain court-ordered conditions instead of serving your jail term at that time. If you follow these rules, you can complete your full sentence on the outside.
Typical probation requirements include:
- Checking in regularly with your probation officer
- Having drug and alcohol tests as required
- Completing assigned community service hours
- Paying any restitution, fines, or court costs
- Taking part in counseling, substance abuse classes, or anger management as ordered
Being sentenced to probation still leaves a conviction on your criminal record – the only difference is that you complete your sentence in the community, not behind bars. If you don’t follow the rules, you can be sent to jail or prison as a result of a probation violation.
When Probation Isn’t Possible
In Texas, not all cases are eligible for probation.
Offenses not eligible for straight probation include:
- Aggravated sexual assault
- Compelling prostitution
- Indecency with a child
- Sexual performance by a child
If you’re convicted of one of these crimes, you won’t have the option of probation.
What is Deferred Adjudication?
Deferred adjudication is a legal option in Texas that lets you avoid a conviction if you meet all the court’s conditions while under community supervision. The judge gives the defendant the chance to prove themselves through a period of supervision. You enter a plea of guilty or no contest in court.
The judge does not declare you guilty right away; instead, your guilt is “deferred,” or put on hold, as long as you follow the terms the court sets during a supervision period.
What Happens If You Finish Successfully?
If you finish the supervision term successfully and complete all required terms, (like classes, community service, or drug testing), your case will be dismissed by the court. No conviction will be recorded on your record. In many cases, you may later become eligible for an Order of Nondisclosure, limiting what the public can see on your record.
What if You Violate the Terms?
If you violate your terms, the judge can hold a hearing, find you guilty, and immediately sentence you to the full original punishment allowed by law.
Who is Eligible for Deferred Adjudication?
Deferred adjudication isn’t granted to everyone in Texas – who qualifies depends on the charge you are facing and whether there are aggravating circumstances.
Eligible and Ineligible Misdemeanors
Most misdemeanor cases may be considered for deferred adjudication, except for cases linked to driving, boating, or flying while intoxicated (DWI, BWI, or FWI). These intoxication offenses are specifically ruled out by Texas law.
Eligible and Ineligible Felonies
Many felony charges in Texas are also open to deferred adjudication, but there are exceptions. You aren’t eligible if the charge involves:
- Driving, flying, or boating while intoxicated
- Intoxication assault or intoxication manslaughter
- Any felony drug crime that carries a sentence enhancement due to violation in a drug-free zone (such as near schools or playgrounds)
- Certain sex crimes, including a repeat offense for indecency with a child, sexual assault, or aggravated sexual assault
Eligibility is strongly tied to your criminal record and the exact nature of your current case.
Contact Cofer Luster Criminal Defense Lawyers for a Free Consultation
The best way to determine eligibility is to speak with a criminal defense lawyer as soon as possible. Contact Cofer Luster Criminal Defense Lawyers today to schedule your free consultation with an experienced criminal defense attorney.
Give us a call at (682) 777-3336 or visit our convenient location:
We serve the surrounding areas of Tarrant County and Fort Worth, TX.
Cofer Luster Criminal Defense Lawyers
604 E 4th St Ste 101
Fort Worth, TX 76102