Motion to Revoke Deferred Adjudication
Question: My boyfriend was on deferred adjudication for a felony Possession of marijuana charge, and he recently got a DWI and Is now in jail on a motion to revoke his deferred adjudication. What will they do to him?
Answer: Any new arrest can affect deferred adjudication. When your boyfriend accepted the deferred adjudication, he agreed to many conditions of his 5 year supervision. Among one of those conditions, is to not commit any new offense. If he does violate any of his conditions of supervision, including but not limited to committing a new offense, then he can be adjudicated guilty and be given the maximum years of punishment for the case he was put on deferred. That said, just because that is a possibility, does not mean that is a likelihood. Depending on the judge, the county, etc, they may decide to continue him on deferred adjudication and add conditions, and counseling, and even some days in jail as punishment. They decide to revoke him, adjudicate him and sentence him to certain amount of time. There really is no way to tell what exactly they will do to your boyfriend as the only person who really has the full discretion in this situation is the judge who placed him on the deferred adjudication.
I suggest your boyfriend fight the dwi case with a good criminal defense attorney and also have your boyfriend be represented on the motion to revoke his probation. If the only reason for his revocation is the new DWI, and he is able to win that, then he has a better shot at not being revoked.