What is Unadjudicated Probation?

By Elizabeth (Lisa)Thompson
Unadjudicated probation grants a deferment of guilt for the offender's benefit

upset girl image by Vasiliy Koval from Fotolia.com

A person who pleads guilty to or is convicted of a crime may receive a suspended sentence instead of incarceration. The individual is offered community release and placed on probation. According to the online dictionary, adjudication is a judicial decision or sentence. Unadjudicated probation is really a misnomer and should correctly be referred as deferred adjudication. The terms adjudication and deferred adjudication are used in Texas. Therefore, adjudicated and unadjudicated probation both require a defendant to personally report to his probation officer on a monthly basis or as directed. Unadjudicated probation occurs when despite a plea of guilty by the defendant, the final determination of guilt is deferred based on the best interests of the defendant and society.

Standard Terms

According to information obtained from the courts in McLennan County, TX, standard probation terms for unadjudicated probation are as follows: obey all laws, report to probation officer as directed, do not leave the state without permission, submit to probation officer visits at work or home, report any change of contact information within 72 hours, maintain gainful employment, avoid contact with criminals, do not use any illegal drugs, provide the probation office with a high school diploma and submit to a urinalysis test as directed. These are standard probation terms for most jurisdictions throughout the country.

Court Fees

McLennan county requires all probationers pay a $50 monthly fee to the courts, basically for the privilege of being on probation. The probation service fee is typical for probationers living in any states. In addition, defendants may be required to pay restitution, additional fines, public defender fees, victim fees or a crime-stop fee.

Counseling

Defendants must attend any counseling directed, based on needs determined by a pre-sentence investigator and based on the nature of the offense. Counseling can include, but is not limited to: alcohol or substance abuse, domestic violence, anger control, parenting, or life skills classes.

Jail Term

The judge can order the defendant to complete a jail term ranging from one day to 364 days. After 365 days of jail time, the defendant must be sentenced to prison. Jail time does not need to be consecutive unless so ordered by the courts.

Community Service

A defendant may be ordered to complete community service hours ranging from 10 hours to 360 hours, based on the nature of the offense and at the discretion of the sentencing judge. He must complete a minimum amount of hours monthly as determined by the courts.

Cite this Article A tool to create a citation to reference this article Cite this Article