Bowie, TX Criminal Defense Law Firms & Lawyers

No, you are not considered a felon while on probation pursuant to a deferred adjudication agreement. In order to have a felony conviction, there must be both a guilty plea or jury verdict of guilt, and a sentencing. Under most deferred adjudication agreements, the defendant pleads guilty and is placed on probation. Sentencing is postponed until after the probationary period is over. If the defendant successfully completes probation, the guilty plea is vacated and no sentencing occurs. Because sentencing does not occur until the probationary period is over, you cannot be said to be a convicted felon. Keep in mind, however, that should you be found to have violated the terms of probation during the adjudicatory period, and you have already entered a guilty plea, the case will proceed directly to sentencing and at that time, you will have a felony conviction. Also, if you commit a federal offense in the future, deferred adjudications count under the federal sentencing guidelines and could result in a higher sentence for the new offense.

The case as you describe it is his word versus yours.  However, your ex-girlfriend appears to provide evidence that you were there for an innocent purpose and seems to support your position for the time being.  You definitely want to save the texts she sent you before and after this incident which shows that you were there to deliver a package.  You also should speak to an attorney.  This is something that could ruin your career if it is not handled properly.  An attorney could help by providing evidence of your innocent purpose to the DA, hopefully persuading them that this is not a burglary, or by representing you at trial, should that become necessary.