Criminal Defense Information Center > Probation FAQ's
Probation Frequently Asked Questions
Attorney Representation in Houston, Texas since 1992
- Am I eligible for Probation?
- Can I get probation if I have a prior felony conviction on my record?
- What is the difference between probation and deferred adjudication?
- Can I get my records expunged (i.e. - cleared) if I successfully complete a deferred adjudication probation?
- I am being tried in federal court. Can I get probation for a federal conviction?
- Can I be released from probation before my scheduled completion date?
- Is it possible to change the terms of my probation?
- What if I am having trouble with my probation officer?
- What if my probation officer becomes verbally abusive?
- If I am found in violation of my probation, what will be the length of my resulting jail sentence?
- I have been convicted of a drug crime. Can I get drug treatment instead of probation?
1. Am I eligible for Probation?
For the most part, anyone who has not been convicted of a felony in Texas, or in any other state or federal jurisdiction in the United States is eligible for probation. Also, if you have not been placed on probation for a felony, you are generally eligible for probation. However, the prosecuting authority may not offer you probation if you are convicted of certain offenses such as robbery, murder, certain sexual assault offenses or crimes involving injury to a child. Certain drug offenses at the felony level also are not eligible for probation, even if it is your first offense. Call Tad Nelson and Associates at 1-888-765-5614 as soon as possible to discuss your possibilities for probation.
2. Can I get probation if I have a prior felony conviction on my record?
You may still receive probation in this situation if the judge believes that justice will be better served by handing you probation instead of a jail sentence. Once again this depends on the prior conviction, the seriousness of the charge at hand, your status in the community, and the judicial and prosecuting authorities.
3. What is the difference between probation and deferred adjudication?
Probation is the product of a felony conviction in a state court, and from a suspended sentence. If you fulfill the requirements set forth by the judge and prosecuting authority, than you will not spend any time in state prison or the county jail.
Deferred Adjudication occurs when the judge finds that there is sufficient evidence to find you guilty, but defers the guilty verdict while placing you on community supervision, or deferred adjudication. Upon completion of your deferred term, you will not have a guilty verdict on your record, but will have the deferred adjudication verdict on the record instead. However, if you violate your terms, you can be sent to jail for a term consummate with the crime that you committed. Texas law does not allow deferred adjudication for certain types of crimes, such as Driving While Intoxicated (DWI).
No. Texas state law does not allow for criminal records to be cleared if you have received any type of court-ordered supervision, such as deferred adjudication. However, if you are convicted of certain Class "C" Misdemeanors and traffic violations, than you are eligible to have your records expunged once you successfully complete your supervision term.
5. I am being tried in federal court. Can I get probation for a federal conviction?
Yes. Federal law does have provisions for probation at all levels. However, if you do receive probation as a result of a federal conviction, you will more than likely spend some time behind bars before you are released into the federal supervision program. Note that federal court does not have any stipulations for parole, so almost the only way that you can get out of prison is if you receive a probated sentence in addition to your jail time.
6. Can I be released from probation before my scheduled completion date?
After you have successfully completed at least 1/3 of your original term, the judge may consider a motion for early termination if you have been an exemplary probationer, completed all of your community service hours, and paid all fines and restitutions in full. However, certain drug crimes, DWI, and sex crimes are not eligible for early termination.
7. Is it possible to change the terms of my probation?
Yes, if there is a probation condition that is particularly difficult for you to meet, there may be a reason for the court to modify the terms of your probation. If you find yourself in this situation, you or your attorney must inform the court immediately of your situation.
8. What if I am having trouble with my probation officer?
It is best to just swallow your pride and do your best to get along with your probation officer. Though the P.O. may not be the friendliest person in the world, they do hold the key to your freedom in their hands, and the judge relies heavily on the report from the P.O. when reviewing your case. You will not have an opportunity to rebuke the P.O.'s report once it has been filed with the court, so try your best to be cordial with your P.O. at all times.
9. What if my probation officer becomes verbally abusive?
It is best to call Tad Nelson and Associates at 1-888-765-5614 immediately before the P.O.'s report makes its way to the court. We may be able to ask the Court Liaison Officer to explain to the judge your situation before the report is delivered and the judge issues a warrant for your arrest.
Do everything in your power to keep out of this situation! A violation of your probation is not only a direct insult to the judge and to the court in which you are convicted, but it will also ensure that no judicial body will ever cut you any legal slack in the future. In regular probation, the maximum term of a resulting violator's jail term will be the number of years that you were given for your probation. For example, if you are convicted of a felony DWI and are sentences to five years straight probation, and are violated, than the maximum term of your jail sentence will be five years. If you are on deferred adjudication for two years for an offense that carries a jail term of two to ten years, and are found in violation, than you could receive a maximum jail sentence of ten years.
11. I have been convicted of a drug crime. Can I get drug treatment instead of probation?
Occasionally, the court will agree to let you enroll in a drug treatment facility as a condition of your probation. Upon successfully completing the treatment, the court may consider a motion to release you from probation. Other times, the judge may sentence you to "Days as a Condition" of probation. This will require you to spend a certain amount of time in the county jail before being released into probation. Call the legal experts at Tad Nelson and Associates at 1-888-765-5614 if you have any questions on drug treatments as a condition of probation.
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