About Deferred Adjudication

[tinasingh635]

My question involves criminal law for the state of: Texas
My Husband was arrested for 29thFeb 2008 for a assault on me but it was a case in which i did not file a case or made a 911 call.Now my husband has been offered a Deferred Adjudication or court trail or go for a jail time of one year.The problem is if we take DA how badly is it going to effect us as we are legal permenent resident in our citizenship or him in job oriented search The problem is my husband himself called 911 and said that he hit me in panic.

[LawResearcherMissy]

Deferred Adjudication is certainly much better for you than him going to jail for a year.

Deferred Adjudication is not a conviction. It is essentially probation, after the completion of which, the charge is dismissed. If the charge was a misdemeanor, he may petition the court for an order of non-disclosure (sealed record) five years after discharge. If the charge was a felony, the wait is 10 years.

Generally, a misdemeanor charge does not affect citizenship proceedings. You really should have a chat with an attorney specializing in immigration issues, though.