What is the difference between a deferred adjudication and probation?
Deferred adjudication and probation are two different legal processes under California’s drug crimes law. Both are alternative sentences for offenders, who are in danger of going to jail for drug violations. Deferred adjudication is an agreement between the offender and the court. The offender agrees to plead guilty as charged or no contest, and the court agrees to defer its adjudication on the matter. This means the judge will postpone making a formal decision on guilt or innocence until the offender fulfills certain conditions like attending mandated treatment, paying fines, performing community service, and meeting other requirements. If all conditions are successfully completed, the court will drop the charges and the offender’s record will be clear. Probation, on the other hand, is when a judge finds the offender guilty and then either suspends or reduces the sentence. The offender is placed on probation and is usually required to follow certain court orders such as refraining from drug use, attending mandated treatment, and appearing in court. Probation is more of a punishment than deferred adjudication, as it requires more stringent monitoring and may include other sanctions such as incarceration if the offender does not meet the conditions of the probation. In summary, the main difference between deferred adjudication and probation is that deferred adjudication gives the offender an opportunity to avoid a formal conviction if conditions are met, while probation results in a formal conviction and requires an offender to comply with court orders or face other sanctions.
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