Deferred Adjudication and Pre-Trial Intervention for Non-Citizens

Deferred Adjudication probations if finished successfully end in a dismissal. But even though the case is dismissed, these are still considered convictions by immigration.

My name is Eric Benavides and I am a Texas criminal defense lawyer.

I want to speak to you today specifically about whether a deferred adjudication and a pre-trial intervention can be counted against a non-citizen in immigration proceedings.

Now the first thing you need to know is that if you have a criminal case and you are not a US citizen, you must meet with an immigration attorney before you
make a decision that’s very important.

With deferred adjudication, immigration considers that a conviction. It does not matter if your case ultimately gets dismissed with a pre-trial intervention – that’s sort of up in the air. Right now it’s being litigated in court but the way the law is right now is it can be used against you.

It doesn’t matter if you don’t plead guilty and it doesn’t matter if your case gets dismissed. If you admitted guilt in your application they can count that against you so at the end of the day if you’re not a citizen and you have a criminal case pending you must talk to an immigration lawyer before you decide how to ultimately finish the case.