Probation

Who Is Eligible For Probation?

In general, anyone who has not been convicted of a felony in this or any other state or federal jurisdiction, and has not been placed on probation for a felony in this or any other state or federal jurisdiction is eligible for probation.

Can I Get Probation If I Had A Prior Felony Conviction?

You still may be given probation if the Judge decides that justice will be better served to grant you probation or if the District Attorney offers probation as a plea bargain.

Can I Get Probation If I Have No Prior Criminal Record?

The Dallas County District Attorney may not offer you probation if you have been charged with a First-Degree felony such as Aggravated Robbery, Forcible Rape, and Murder.  Certain drug and alcohol offenses on the Felony level also do not receive plea bargain offers of probation, even on first offense cases.

Can I Be Off Probation Before My Scheduled Time?

After you have served at least one third of your original sentence, the Judge may consider a request for early termination if you have been an exemplary probationer, completed all of your community service hours, and fully paid up your fines and restitutions. However, Sex Crimes, DWI and some other offenses do not allow for early termination.

What Can I Do If I Am Having Trouble With My Probation Officer?

It is best not to antagonize the PO. Swallow your pride and try to get along. Typically your Judge will rely heavily on your PO Report and you will not have the opportunity to rebut the Report for you will not know when it is being presented.

What If the PO Becomes Abusive?

Contact a good criminal lawyer who may be able to ask the Court Liaison Officer to explain to the Judge your particular problem, before the PO Report is delivered and a warrant for your arrest is issued.

What Is the Difference Between Probation And Deferred Adjudication?

Probation results from a guilty finding and from a suspended sentence. Upon fulfilling the probation requirements, you will not be sent to prison or jail.

In Deferred Adjudication, the Judge finds that there is sufficient evidence to find you guilty, but defers a guilty finding while he places you on community supervision, i.e. probation.

In a regular probation, the maximum the Judge can sentence you to in prison is the number of years that you were given on probation. For example if you are on a straight probation for a felony DWI and you received five years probation, the maximum amount of time you can receive in prison if you are revoked is five years.

Will I Be Found Guilty From the Deferred Adjudication?

If you successfully serve out your deferred adjudication, you will never be found guilty of the crime with which you were charge. But if you fail, the Judge can sentence you to any term within the range of punishment for your crime. The law does not allow deferred adjudication for some crimes, such as Driving While Intoxicated.

If you are on a deferred adjudication for two years for a third degree felony which carries a punishment range of between two to ten years, then if revoked from probation, the maximum time you can receive is ten years.
    
Can I get my records cleared if I successfully complete a deferred adjudication probation?

No.  The law in the state of Texas does not allow for records to be ‘expunged’ if you have received any type of court ordered supervision, including deferred adjudication.  However, if you received deferred adjudication for a Class C misdemeanor, then you are eligible to have those records removed from your record.

What Should I Do if A Motion To Revoke My Probation Has Been Filed?

You should contact an experienced criminal defense attorney immediately. Sometimes she may be able to convince the Judge or the district attorney to reinstate your probation or to give you an alternate punishment and then reinstate your probation.

Can I Get Drug Treatment?

Sometimes the Court will agree to allow you to enroll in a drug treatment facility.  Other times the Judge may sentence you to ‘Days as a Condition’ of probation.  This requires you to spend a certain number of days in the county jail fore being released back on to probation. Other times, you may be able to prove that you actually did comply with the terms of your probation.

Even if it is not possible to get your probation reinstated, a private attorney is usually best able to obtain the least amount of jail time in your case. My law firm has been successful at saving many clients from going to prison when Motions to Revoke were filed against them. 

Is It Possible To Change the Probation Conditions?

Yes. If there is a probation condition that is particularly difficult for you to meet, there may be a very compelling reason for the Court to modify your probation. My law firm has been successful at helping our clients change probation conditions that might have ruined their careers.

Common Probation Terms Defined:

Monthly Community Supervision & Corrections Report (MCSCR) is for Community supervision data submitted to TDCJ's Community Justice Assistance Division by the state's community supervision departments.

Deferred Adjudication is a type of community supervision. If the conditions of supervision are met for the time period set by the court, not to exceed two years, no record of the crime will be made.

Substance Abuse Felony Punishment Facility (SAFPF) is a secure residential program, which provides substance abuse treatment and counseling to non-violent felony offenders whose substance abuse problem contributed significantly to their committing a crime. Upon completion of the program, the offenders are returned to community supervision, parole, or mandatory supervision.

Restitution is repayment for having committed a crime. Restitution can be made to a specific victim in a dollar amount to repay for damages or can be made to society by working without pay for a non-profit or governmental agency.

Revocation is the act of removing an offender from community supervision, parole, or mandatory supervision due to the offender violating the conditions of his or her supervision and/or committing a new crime.

Pre-Sentence Investigation (PSI) is an investigation of an offender's criminal history, family history, work history, and risks and needs, conducted by a community supervision officer. The court prior to sentencing considers the resulting Pre-Sentence Investigation Report (PSIR).

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