FAQs about Probation
Am I 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.
What if I have 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 the District Attorney offers probation as a plea bargain.
Can I be released from probation early?
It depends upon the original offense charged. For example, Sex Crimes and DWIs offenses do not allow for early termination. For most other offenses, however, the Court may consider a request for early termination if you have been an exemplary probationer, completed all of your community service hours, are fully paid up your fines and restitutions and have served at least one third of your original sentence.
What is the difference between Straight Probation & Deferred Adjudication?
Straight probation results from a guilty finding and suspended sentence. Upon fulfilling the probation requirements, you will have a conviction on your criminal history.
Deferred Adjudication allows the Judge to defer a finding of guilt and place you on probation. If it is successfully completed, there will be no final conviction entered. ... & once completed, you should check your eligibility for an "Order of Non-Disclosure".
Can I be found guilty from Deferred Adjudication?
Yes, if you fail to fulfill the terms and conditions of it. If the allegations in a Motion to Adjudicate are found to be "true", the Court may sentence you to any term within the range of punishment for the crime you were originally placed on probation for.
Can I expunge (clear my record) if I successfully complete deferred adjudication probation?
No, unless you received deferred adjudication for a Class C misdemeanor, then you are eligible to have those records removed from your record. However, you should check your eligibility for an "Order of Non-Disclosure".
What if I violate my probation?
Contact me immediately. I 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.
