Probation Revocation

[gail48]

In Texas, if a juvenile commits a crime while on probation under deferred prosecution, but the crime does not come to light until probation has been completed, can the original probation still be revoked?

Thanks very much for any information.

 

[Silverplum]

In Texas, if a juvenile commits a crime while on probation under deferred prosecution, but the crime does not come to light until probation has been completed, can the original probation still be revoked?

Thanks very much for any information.

The source would know: http://www.tjjd.texas.gov/publications/other/alljuveniledepartments.aspx

 

[CavemanLawyer]

The short answer is no but you need to read the deferred prosecution agreement to see the terms. It is basically a contract between the juvenile and the State. The State's ability to revoke the agreement and file the charges probably expires when the probation term expires, but it very well could give them a small grace period.

 

[justalayman]

The short answer is no but you need to read the deferred prosecution agreement to see the terms. It is basically a contract between the juvenile and the State. The State's ability to revoke the agreement and file the charges probably expires when the probation term expires, but it very well could give them a small grace period.

this is the pertinent section in a statute from Michigan (being from Michigan I am more familiar with our laws than yours so it is a handy example for me):

(4) The court shall enter an adjudication of guilt and proceed as otherwise provided in this chapter if any of the following circumstances exist:

(a) The accused commits an assaultive crime during the period of probation.

so, if the crime was committed during the period of probation (not prosecuted or even known), the deferment goes out the window. While I understand the logistics would be a pain in the rump but per the letter of the law (at least with the MI law), the person would have violated the terms of the deferment and as such, should not have the crime expunged as otherwise would be the case.

so if Texas has anything similar, what would actually prevent them from revoking the deferment ex post facto of the dismissal that had been entered as the deferment demands?

 

[I'mTheFather]

In Texas, once the probationary period ends without any action to modify/terminate, then the matter is closed, barring the situation CavemanLawyer mentioned.

 

[justalayman]

In Texas, once the probationary period ends without any action to modify/terminate, then the matter is closed, barring the situation CavemanLawyer mentioned.

I figured it was but given the specific wording of the law (at least in the MI law) barring some other rule, I cannot see why it could not retroactively derail the deferment.

I have seen some courts where they just might try to do it too.

 

[I'mTheFather]

Ah, but...

(5) Upon fulfillment of the terms and conditions, the court shall discharge the person and dismiss the proceedings against the person. Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, but it is a prior conviction in a prosecution under sections 81(3) and (4) and 81a(3) of the Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a. There shall be only 1 discharge and dismissal under this section with respect to any individual.

This supports the above:
http://statecasefiles.justia.com/documents/michigan/court-of-appeals-published/20100513_C290278_35_290278.OPN.PDF?ts=1323898230

 

[CavemanLawyer]

We are not even talking about the same thing here justalayman. You are talking about Michigan's deferred adjudication probation and we are talking about Texas' deferred prosecution of juveniles. There is no such thing as deferred adjudication for juveniles in Texas. Unlike deferred adjudication, the juvenile does not plead guilty or no contest, or otherwise subject themselves to a potential adjudication. Texas only allows for deferred prosecution of juveniles. That means that the State never even files the criminal charge. They enter into a contractual agreement with the juvenile that if they complete the contract, the charges are never filed and can never be filed. The terms of the agreement may or may not allow the State to file the charges after the probationary period expires for up to a certain time period. Once the term to file has expired the State is barred from filing those charges. They would be barred by the terms of the agreement and would also be barred by collateral estoppel.

Even if we were dealing with an adult and actual deferred adjudication probation, (under Texas law) the ability to revoke the probation ends when the person is discharged from probation regardless of how many violations they may have committed while on probation. Besides the fact that this is provided for by statute, the Court also completely loses jurisdiction over the case and the probationer once they complete probation and are discharged.

 

[justalayman]

thanks cavey. It sounded like the same thing to my layman ears. My error and thanks for the time straightening me out, seriously.