Can You Get Probation for a Felony in Smith County, Texas?
If you’re facing a felony charge in Smith County, one of the biggest questions on your mind might be:
“Can I get probation instead of going to prison?”
The short answer is: Yes — in some cases, you can get probation for a felony in Texas.
But whether or not you qualify depends on several factors, including the type of offense, your criminal history, and how your case is resolved.
What Is Felony Probation in Texas?
Felony probation, also called “community supervision” in Texas, allows a person to serve their sentence under supervision in the community instead of in a Texas Department of Criminal Justice facility.
You’ll be required to follow strict conditions — like regular check-ins, drug testing, employment, community service, and staying out of legal trouble.
Violating probation can land you in prison.
Types of Probation in Felony Cases
In Texas, there are two main types of probation for felonies:
1. Deferred Adjudication
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You plead guilty or no contest, but the judge does not enter a conviction.
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If you successfully complete probation, your case may be dismissed.
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A deferred adjudication may be available for some first-time offenders — but not for all crimes.
2. Straight Probation (Post-Conviction)
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You are found guilty and convicted, but the judge suspends your prison sentence and places you on probation.
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You will have a felony conviction on your record, but you can avoid prison if you follow the rules.
Who Can’t Get Felony Probation in Texas?
Under Texas law, some crimes are not eligible for probation at all.
You cannot receive probation for certain felonies, including:
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Capital murder
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Aggravated sexual assault of a child
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Indecency with a child by contact
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Repeat aggravated robbery or aggravated kidnapping offenses
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Some intoxication-related manslaughter charges
Also, if you have multiple prior felony convictions, your chances of receiving probation go down significantly.
How Do Judges Decide?
In Smith County, judges and juries can grant probation in eligible felony cases. Factors that influence the decision include:
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Your criminal history
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The severity of the offense
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Whether there was a victim, and what the victim’s input is
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Your attitude in court
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Whether you accept responsibility
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Recommendations from your defense attorney or the district attorney’s office
If you’re going to trial, the jury can also recommend probation — but only if the sentence is 10 years or less.
Get a Lawyer Who Knows Smith County Courts
Every felony case is different. The best way to understand your probation options is to speak with a criminal defense attorney who knows the local courts, prosecutors, and judges in Smith County.
Cheryl is a Criminal Defense Attorney located in Tyler, Texas
Cheryl A. Wulf, Attorney at Law
Office: 11702 State Hwy 64 E, Tyler, TX 75707
Call: (903) 525-9869
Fax: (866) 824-4469
