Who is eligible for deferred adjudication?
Any defendant charged with a misdemeanor crime other than driving/flying/boating while intoxicated is eligible for deferred adjudication. For a felony defendant, there is a longer list of charged crimes that disqualify him or her from receiving deferred adjudication: driving/flying/boating while intoxicated; intoxication assault; intoxication manslaughter; a repeat drug offense enhanced with drug-free zone finding; and a repeat sex offense (indecency with a child, sexual assault, or aggravated sexual assault. To qualify for placement on deferred adjudication, the defendant must accept responsibility for the crime by pleading guilty or no contest. The defendant also must have the consent of the prosecutor to waive the right to a jury trial because only a judge (not a jury) may grant deferred adjudication. The need for an agreed jury waiver effectively means the defendant must reach a plea agreement with the prosecutor to become eligible for deferred adjudication. Except for the above-de
