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What Are the Characteristics of Deferred Probation?
There are certain differences between deferred and regular probation, and you should be aware of what they are. This is just as important as being familiar with what changes AB 1950 brings into the probation system, as well as knowing more about the different types of probation and what could happen if you violate the terms of your probation.
However, the characteristics and the conditions of deferred probation can sometimes prove unfamiliar to individuals, which is why we’re here to help you get more information on them. Before contacting a seasoned post-conviction attorney in San Diego to explain what deferred probation is, try reading this article first.
What does deferred probation mean?
The full name for deferred probation is deferred adjudication probation, and the basic principle behind it is that it enables the defendant to receive a second chance for avoiding a final conviction. This is the simplest way to explain deferred probation.
When choosing deferred probation, the judge postpones the motion to find the defendant guilty and “defers” the proclamation of guilt and awaits to see if the individual manages to change their unfavorable behavioral patterns.
The most common occurrences of deferred probation originate in criminal cases involving first-time offenders. If the person goes through the period of deferred probation and stays within the guidelines, the case can go on their public record as a dismissal, not a conviction.
What’s the difference between probation and deferred probation?
The main difference between regular and deferred probation is that standard probation implies the individual has been found guilty of the charges placed against them. They are legally convicted of their crime and sentenced to an imprisonment term.
The judge then proceeds to suspend the imposition of their sentence, but the conviction will remain. With deferred probation, there is no official sentencing, but the judge finds sufficient evidence of guilt and postpones the finding of actual guilt for a certain period of time.
Does deferred probation show up on background checks?
Although not officially a conviction, in order to receive deferred probation an individual has to first plead guilty in the court of law before the judge proceeds to defer the defendant’s probation. This means that deferred adjudication probation will show up if an individual decides to run your background check.
Do I have to disclose deferred probation when applying for a job?
While there is no legal requirement for you to disclose deferred adjudication probation when applying for a job, you should definitely consider doing so. As mentioned, deferred probation will show up on a background check, and you should not try to hide it.
It’s always best for you to disclose the necessary information yourself and elaborate on the details that lead to such a conviction. The employer cannot find out the details behind your conviction any other way, and this will help you take control of the narrative and better explain the reasons behind the events that led to your deferred probation.
Hire the leading post-conviction attorney in San Diego!
It is important to be familiar with all the details surrounding deferred probation, as well as know how it differs from standard probation. If you want to learn more about what deferred probation is and how it can affect your life, you need to turn to the experts on the matter – experienced attorneys from Monder Criminal Lawyer Group.
Vik Monder has a team of exceptional legal minds at his side that will help you get into the smallest details of deferred probation. We will help you learn what it is and how you should behave during this period. We’re located near Petco Park, so there should be no trouble finding our offices. Reach out to us today!