Deferred Adjudication for First-Time Possession Charge in Texas
Facing a drug possession charge for the first time in Texas? You may have heard about mandatory deferred adjudication for certain first-time drug offenses—but what does that really mean? And do you still need a lawyer?
Here’s what you need to know about how Texas Code of Criminal Procedure Article 42A.102 applies to your case—and why having an experienced criminal defense lawyer in Tyler, TX is still critical for your future.
What is Deferred Adjudication in Texas?
Deferred adjudication is a type of probation. Instead of finding you guilty, the court “defers” a final conviction as long as you successfully complete certain conditions, like:
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Drug treatment or counseling
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Community service
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Urinalysis/drug testing
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Avoiding future arrests
Once you complete your probation, your case is dismissed, and you avoid a final conviction. However, if you violate the terms, the court can sentence you without a jury trial.
What Is the Mandatory Deferred for First Possession Charge?
Under Texas Code Crim. Proc. Art. 42A.102, if you’re charged with a state jail felony possession of a controlled substance, and it’s your first drug offense, the judge must grant deferred adjudication if:
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It’s your first offense for possession,
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You were not on probation or parole for another offense, and
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You agree to plead guilty or no contest.
This applies even if the charge is a state jail felony, such as PCS PG1 <1g (common for methamphetamine, cocaine, or heroin).
Why You Still Need a Criminal Defense Lawyer
Even though the law allows mandatory deferred adjudication, it’s not automatic—and the terms can still hurt you without the right guidance.
Here’s why a criminal lawyer like Cheryl A. Wulf is still essential:
✅ Plea Bargain Strategy
An attorney can ensure your plea protects you from unintended consequences, like immigration issues or enhancement for future charges.
✅ Protecting Your Record
Deferred still results in a criminal record unless you seal or expunge it later. An attorney can help you understand whether you’re eligible for a nondisclosure order under Gov’t Code Ch. 411.
✅ Reducing the Charges
In some cases, a lawyer may be able to negotiate dismissals, pre-trial diversions, or even lower charges than what you’re offered with deferred.
✅ Avoiding Traps in Probation
Deferred adjudication still comes with strict conditions. Violating them could land you in state jail or prison. A lawyer helps make sure you know what you’re agreeing to.
What Happens After You Complete Deferred?
If you finish the deferred period without violations:
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The charge is dismissed
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You can petition for a nondisclosure (sealing) in many cases
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It can still show up in government background checks or for future enhancements
That’s why it’s so important to have legal representation that protects your long-term future, not just the short-term outcome.
Consult a Criminal Defense Lawyer in Tyler, TX
Even if deferred adjudication is offered, the stakes are high. You deserve an advocate who will walk you through your options and make sure your rights—and your future—are protected.
Learn more about Cheryl A. Wulf’s Criminal Defense Practice
Arrested for drug possession? See Cheryl’s guide on Texas drug laws
Cheryl A. Wulf, Attorney at Law
Office: 11702 State Hwy 64 E, Tyler, TX 75707
Call: (903) 525-9869
Fax: (866) 824-4469.
