Answers To Frequently Asked Questions About Probation
Being on probation is almost always preferable to jail time. But because the terms of probation can be confusing, compliance is sometimes difficult. If you have questions about probation in Texas, read the questions and answers provided below. Then, contact The Law Office of Kimberly Griffin Tucker, P.C., with your own questions.
How do I know if I am eligible for probation?
You may be eligible for probation if you have not been convicted of a felony in this or any other state or federal jurisdiction and have not been placed on probation for a felony in this or any other state or federal jurisdiction.
If I have a prior felony conviction, can I still qualify for probation?
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 part of a plea bargain.
Can I be released from probation early?
It depends upon the original offense charged. For example, sex crimes and DWI 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 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 finding of guilt (regardless of how you pled – guilty or no contest). These probations usually have jail or prison time that is suspended and probated. These probations are automatic convictions regardless of whether you fulfill your probation requirements or not. These probations are not eligible for sealing or expunction.
Deferred adjudication probation results when the judge defers a finding of guilt and places you on probation for a period of time. If this probation is successfully completed, there is no final conviction entered thus allowing you the option to seal your offense with an “Order of Nondisclosure”.
Can I be found guilty if I am on deferred adjudication?
Yes, if you fail to fulfill the terms and conditions of your probation, the state may file a Motion to Adjudicate (MTA) your probation. If the Court finds that you did violate your probation, it may continue you on the deferred sentence or convict you thus adjudicating/convicting you. The court may then punish you based on the range of punishment and the violations alleged. It is important to know that an MTA is a brand new charge and you will most likely be arrested again and be required to port bond again. The same is true on Motions to Revoke. However, on this, you are not always entitled to a bond.
Can I clear my record if I successfully complete deferred adjudication probation?
Probably not clear it but you may be eligible to seal those records sealed with an “Order of Nondisclosure”.
What if I violate my probation?
The potential consequences are very serious. Contact attorney Tucker immediately for help.
Discuss Your Case With An Experienced Defense Attorney
The Law Office of Kimberly Griffin Tucker, P.C., serves clients in Northeast Texas including Collin, Dallas and Denton counties. To get answers to your own probation questions, call the firm in Dallas at 972-833-8246 or fill out an online contact form.