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Understanding Probation Under Texas Criminal Law

 
 
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Understanding Probation Under Texas Criminal Law

Under Texas Criminal Law, a defendant many have the option to receive a punishment of probation as opposed to jail time. In the state of Texas, probation, also referred to as community supervision, has two different variations that should be fully understood by anyone entering a situation where community supervision may be an option for them. Depending on whether the defendant is charged with a misdemeanor or a felony, the term of the community supervision may last up to ten years. The two variations that maybe available in this situation are Deferred Adjudication and Regular Community Supervision.

Community Supervision has various terms that are set pending on what charges the defendant has against them. If the charge is a misdemeanor, the resulting sentence can be as long as two years; however as a felony the sentence could be as long as ten years. By accepting community supervision you do not necessarily avoid jail time completely, as a period of between 30 days and 180 days can be ordered by the judge depending on your charge.

Their are also specific requirements that must take place during the community supervision such as drug testing, employment review, and community service that will result in the community supervision being revoked if they are violated.

Deferred Adjudication is variation of community supervision that does not leave a conviction on the records of a person who completes the terms of their community supervision in it's entirety. It is often offered to first time offenders and must be decided upon before the case enters trial as it is not a punishment granted by a jury. If the person does not complete their terms, then they can be sentenced to the maximum jail time in the statutory range regardless of how far into their deferred adjudication they are.

In Texas, a completed Deferred Adjudication may remove the conviction from your record, but it will still have an effect on different aspects of your life. While it is possible to have the Deferred Adjudication expunged or sealed, the punishment is often still visible when the individual attempts to purchase a gun, apply for a job, and even register for a state issued professional license.

Regular Community Supervision is another variation of community supervision that results in a convictions. Regular Community Supervision is a trial based punishment that can be issued by a jury. If the term of the Regular Community Supervision is not followed through and therefore revoked, the maximum punishment is often less then the statutory maximum.

Unlike Deferred Adjudication, sealing or expunging the punishment from your record is not possible as it is a conviction. It is possible to have the Regular Community Supervision set-aside or dismissed once one third of the term has been completed, thus removing the felony charge from your record. These actions are not as powerful as having something expunged or sealed from your record, it will end the term of your Regular Community Supervision.

Many people falsely believe that by simply finishing their term the offense disappears in regard to community supervision in Texas. Unfortunately, that simply isn't true. If you enter into a situation where these option are presented to you, make sure that your speak to a lawyer familiar with Criminal Law in Texas before determining which method would be the best for your needs.

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  • If you are faced with the choices detailed above, it is recommended that you contact either a Houston Criminal Attorney or a Houston DWI Lawyer depending on what you are being charged with.
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