PROBATION

Dallas Criminal Lawyer

Dallas Criminal Lawyer | Fort Worth Criminal Lawyer 

Class A Misdemeanor

  • Up to 2 years post conviction community supervision.
  • Up to 2 years deferred adjudication
  • Minimum of 1 year of community supervision for Class A misdemeanor  punishable with minimum of 6 month confinement.
  • Court can extend community supervision 3 additional years.  Court can extend community supervision an additional 2 years beyond the 3 years if defendant does not pay a fine, cost, or restitution.
  • Up to 30 days in county jail as a condition.

Class B Misdemeanor

  • Up to 2 years post conviction community supervision.
  • Up to 2 years deferred adjudication
  • Minimum of 1 year of community supervision for Class A misdemeanor punishable with minimum of 6 month confinement.
  • Court can extend community supervision 3 additional years.  Court can extend community supervision an additional 2 years beyond the 3 years if defendant does not pay a fine, cost, or restitution.
  • Up to 30 days in county jail as a condition.

Fine Only Misdemeanor

  • Up to 180 days of deferred adjudication
  • Discretionary special expense fee
  • Court can require compliance with reasonable conditions.

Early Termination of Community Supervision

Judge may dismiss proceedings and discharge the defendant at any time prior to the expiration of the terms of community supervision if he finds that the best interests of society and the defendant will be served.  Offenses requiring sex offender registration committed after August 31, 1999 are excluded from this section.

Early Termination of Post-Conviction Community Supervision

After 1/3 or 2 years of original community supervision period (whichever is less), community –supervision period may be reduced or terminated by the judge upon satisfactory fulfillment of conditions of community supervision.  On completion of ½ original community supervision period or 2 years of community supervision, whichever is more, judge shall review defendants record and consider whether to reduce or terminate community-supervision period, unless defendant is delinquent in paying required restitution, fines, costs, or fees that defendant has the ability to pay or defendant has not completed court–ordered counseling or treatment.  This section does not apply to a defendant convicted of an intoxication offense, or an offense committed after August 31, 1999, which requires sex offender registration.

Capital Pen

  • Ineligible for community supervision.

When Minimum Punishment Exceeds 10 years

  • Up to 10 years deferred adjudication.

First Degree Felony

  • 5 to 10 years of post-conviction community supervision
  • Up to 10 years deferred adjudication.
  • Up to 180 days county jail as a condition.
  • 60 to 120 days in prison with affirmative finding that firearm was used or exhibited.

Second Degree Felony

  • 2 to 10 years of post-conviction community supervision
  • Up to 10 years deferred adjudication.
  • Up to 180 days county jail as a condition.

Third Degree Felony

  • 2 to 10 years of post-conviction community supervision
  • Up to 10 years deferred adjudication.
  • Up to 180 days county jail as a condition
  • 2 to 5 years for offense under Pen 33.021.
  • 2 to 5 years for offense under Pen title 7.

State Jail Felony

  • 2 to 5 years of post-conviction community supervision (court can extend up to 10 years).
  • Up to 10 years deferred adjudication.
  • Up to 180 days county jail as a condition
  • 90 to 180 days in state jail.
  • 90 days to 1 year in state jail for certain drug offenses.
  • 90 to 180 days in state jail following violation of supervision conditions.
  • Judge probates sentence on jury’s recommendation.

Early Termination of Community Supervision

Judge may dismiss proceedings and discharge the defendant at any time prior to the expiration of the terms of community supervision if he finds that the best interests of society and the defendant will be served.  Offenses requiring sex offender registration committed after August 31, 1999 are excluded from this section.

Early Termination of Post-Conviction Community Supervision

After 1/3 or 2 years of original community supervision period (whichever is less), community –supervision period may be reduced or terminated by the judge upon satisfactory fulfillment of conditions of community supervision.  On completion of ½ original community supervision period or 2 years of community supervision, whichever is more, judge shall review defendants record and consider whether to reduce or terminate community-supervision period, unless defendant is delinquent in paying required restitution, fines, costs, or fees that defendant has the ability to pay or defendant has not completed court–ordered counseling or treatment.  This section does not apply to a defendant convicted of an intoxication offense, or an offense committed after August 31, 1999, which requires sex offender registration.

Family Violence: An affirmative finding of family violence against a gamily member or a member of defendant’s household

  • If it is shown at trial that defendant has previously been convicted of homicide, kidnapping, aggravated kidnapping, indecency with a child, or continuos violence against the family, or offices is committed by suffocation, a Class A misdemeanor becomes a 3rd degree felony.  A Class B misdemeanor becomes a Class A misdemeanor.

Drug Free Zones

  • If it is shown at punishment that the offense was committed in, on, or within 1,000 feet of premises owned, rented, or leased by an institution of higher learning, the premises of a public or private youth center, or a playground or in, on, or within 300 feet of premises of a public swimming pool or video arcade facility:  a state jail felony becomes a 3rd degree felony; a 2nd degree felony becomes a 1st degree felony.
  • It is shown at trial that offense was committed in, on, or within 1,000 feet of a school, a public or private youth center, or a playground, or a school bus: Minimum term of confinement is increased by 5 years and maximum fine is doubled for an offense listed in H&S 481.134(c).
  • It is shown at trial that offense was committed in, on, or within 1,000 feet of any real property that is owned, rented, or leased to a school or school board, premises of a public or private youth center, or a playground, or on a school bus: A state jail felony listed in H&S 481.134(d) becomes a 3rd degree felony; A Class A misdemeanor listed in becomes a state jail felony; A Class B misdemeanor listed in becomes a Class A misdemeanor.

Weapon Free Zones

  • It is shown at trial for a weapons offense, that the offense was knowingly committed within 300 feet of premises of a school, on premises where an official school function was taking place, or on premises where an event that was sponsored or sanctioned by the University Interscholastic League was taking place: Punishment prescribed for weapons is increased to the next highest category of offense.

Electronic Monitoring: Defendant sentenced to county jail

  • Court may require defendant to serve all or part of a sentence of confinement in county jail by participating in an electronic monitoring program rather than being confined in the county jail, if the program, is operated by a community supervision and corrections department that serves the county in which the court is located, and has been approved by the community justice assistance division of the TDCJ; or is opted by the commissioners court of the county, or by a private vendor under contract with the commissioners court if defendant has not been placed on community supervision.

Unadjudicated Offenses

  • With the state’s consent during sentencing, a person may admit to the court guilt of 1 or more unadjudicated offenses for consideration during sentencing: If court lawfully takes into account an admitted offense, prosecution is barred for that offense.