There are two types of probation in Texas for any criminal offense (We will not discuss “shock probation” which is a variation of a straight probation). Community Supervision (often times referred to as “straight probation”) and Deferred Adjudication. They share similar qualities. Both provide for a maximum length of probation of 2 years, in the case of a misdemeanor and 10 years in the case of a felony and both keep a person out of jail.
Straight probation, however, results in a final conviction upon a verdict from a judge or jury or a plea of guilty. A probationer’s punishment is capped should they violate the terms and conditions of their probation down the road. For example, seven years in prison probated for a period of four years. This person would be on probation for a period of 4 years. If they complete the terms of that probation they will never see the inside of a jail. If they violate the terms and conditions of probation, they would be looking at up to seven years in prison.
A deferred adjudication does not result in a final conviction upon a plea of guilty. If a probationer successfully completes the terms and conditions of a deferred adjudication, the case is dismissed, thereby avoiding a final conviction. However, if a person violates the terms of their probation, they would be looking at up to the maximum statutory range of punishment for that particular offense. For example, if a person is on a deferred adjudication for a second-degree felony, a violation of that probation could result in a sentence of up to 20 years in prison. Some criminal offenses such as Chapter 49 offenses in the Texas Penal Code are ineligible to receive deferred adjudication.
If you or a loved one are on probation in Tarrant, Parker or Johnson County and are facing a petition to adjudicate or a petition to revoke probated sentence you should contact an experienced criminal defense attorney. If you believe you may be at risk of getting your community supervision revoked you have options.
The team of attorneys at Tarrant County based Gebhardt, & Eppes, PLLC are former state prosecutors. They possess the skill and experience to build the strongest defense on your behalf. Contact Gebhardt, & Eppes, PLLC at (817) 502-3600 for a free initial consultation.
Gebhardt, & Eppes, PLLC strongly defend individuals throughout the greater Fort Worth area, including Arlington, Weatherford, Cleburne, and many surrounding communities.
