There are many mitigating circumstances after someone is arrested and charged with a misdemeanor or felony in Texas. Much can factor into the range of punishment a person faces. The outcome of a case may be influenced by:
- Mandatory punishments
- Criminal history
- Circumstances of the crime
- Severity of the crime
Some offense committed in Texas may merit sentences of county jail or penitentiary time. In other cases, punishment for a crime may involve a sentence being probated and a judge granting one or two types of probation or community supervision—straight probation or deferred adjudication.
The Terms of Straight Probation
In Texas, probation is also known as community supervision. What community supervision essentially means is the exchange of punishments, from a jail or prison sentence to being supervised in the community by the court. The usual time ranges for a probation or community supervision punishment are up to two years for a misdemeanor and ten years for a felony.
The two types of community supervision are:
- Deferred adjudication
- Straight probation
Under deferred adjudication a finding of guilt or a conviction is put on hold after a guilty or no contest plea while a defendant serves the terms of probation. With straight or regular probation, the conviction immediately appears on the criminal record, and a judge sets a time range for the probation.
You can be found guilty in a jury trial or plead guilty, and a judge can have your sentence probated. The community supervision department will take over and deem the requirements and restrictions of the probation. If any of these requirements and restrictions are violated, the court can sentence you to your original sentence in jail or in prison before it was probated.
A permanent criminal conviction does accompany a straight probation, but it also has benefits. Above all else, a jail or prison sentence has been avoided if you successfully complete the requirements of the community supervision which may include:
- Meeting the probation officer monthly
- Alcohol and drug testing
- Educational requirements
Because you have already been found guilty and sentenced, violations of straight probation may lead to district attorneys petitioning to revoke probation status, setting you back at the starting gate regardless of how much of the probation you have completed. The entire punishment of your original sentence can be imposed by the court even though the maximum sentence for violating regular probations often is below the maximum punishment range for the offense.
When Should I Contact a Lawyer?
Probationers in Texas can request modifications to the terms of their probation or early termination of their probation. The San Antonio criminal defense attorneys at Hoelscher Gebbia Cepeda, PLLC have been aggressively representing probation cases all over Texas, and we are here to evaluate your case and the terms of your probation.
We keep our clients’ interests in the forefront and have a successful history of modifying the terms of probations, getting early termination of probations, and fighting violation reports for both deferred and straight probations.
Whether you are sailing through your probation or facing a violation report, our San Antonio probation lawyers can help develop options to get you through your probation or end your probation altogether. Contact us for a free consultation by clicking here or by calling (210) 222-9132.