Is It Possible to Get Probation After Being Charged with a Crime?
If you’ve been charged with a crime, one of the first questions you may ask is whether it’s possible to avoid jail time and get probation instead. In Texas, probation—also known as community supervision—is a legal option that allows individuals to remain in the community under court supervision, rather than serving time behind bars. While probation is not available in all cases, it can be a favorable alternative to incarceration, especially for first-time offenders and non-violent crimes.
At Cheryl A. Wulf, Attorney at Law, Cheryl works diligently to help clients explore every possible option for avoiding jail time, including seeking probation. In this blog post, we’ll explore when probation might be available, the factors that influence eligibility, and what you can expect if you are granted probation.
What is Probation?
Probation in Texas, formally called community supervision, is a court-imposed alternative to jail or prison. Instead of serving time in custody, a person on probation is allowed to live in the community but must comply with certain conditions set by the court. These conditions often include regularly reporting to a probation officer, attending counseling or treatment programs, performing community service, paying fines or restitution, and refraining from further criminal activity.
There are two main types of probation in Texas:
- Straight probation (community supervision): A judge sentences the defendant to jail or prison time but then suspends that sentence in favor of probation. If the defendant completes the probation period successfully, they avoid going to jail or prison.
- Deferred adjudication: The court defers a finding of guilt and places the defendant on probation. If the probation is completed successfully, the charges may be dismissed, and the person avoids a formal conviction.
Who is Eligible for Probation?
Eligibility for probation depends on several factors, including the nature of the crime, the defendant’s criminal history, and the discretion of the judge or jury. Generally, probation is more likely to be available for:
- First-time offenders
- Non-violent crimes, such as theft, drug possession, or fraud
- Misdemeanors or less severe felony offenses
In Texas, however, certain serious crimes may make an individual ineligible for probation, such as:
- Capital murder
- Aggravated sexual assault
- Certain repeat felony offenses
- Intoxication manslaughter (in some cases)
Each case is unique, so it’s essential to work with an experienced defense attorney who can evaluate your eligibility for probation and advocate for this alternative sentencing option when appropriate.
How Can You Get Probation?
There are a few different ways that a defendant can receive probation in Texas, depending on the type of offense and the legal process:
1. Probation as Part of a Plea Agreement
In many cases, defendants may be able to negotiate a plea agreement with the prosecution that includes probation instead of jail time. This often involves pleading guilty to the charges in exchange for a lesser sentence that includes probation. A skilled defense attorney can work with the prosecution to secure a favorable plea deal that keeps you out of jail.
2. Probation Granted by a Judge
If you are convicted of a crime, the judge has the discretion to impose probation as part of your sentence. This is more common in cases involving first-time offenders or non-violent crimes. Your defense attorney can present arguments to the judge about why probation is the most appropriate sentence in your case, highlighting factors such as your clean criminal record, willingness to participate in rehabilitation, or the minor nature of the offense.
3. Jury-Recommended Probation
In some felony cases, you may have the option to request jury-recommended probation. If your case goes to trial and the jury finds you guilty, they can recommend probation instead of a prison sentence if you meet certain conditions, such as having no prior felony convictions. This option is not available in all cases, but it is an important consideration if you are facing felony charges.
Conditions of Probation
If you are granted probation, you will need to comply with a series of conditions set by the court. These conditions vary depending on the nature of the offense and the circumstances of your case but can include:
- Regular meetings with a probation officer
- Payment of fines, court costs, or restitution
- Community service hours
- Participation in rehabilitation programs, such as drug or alcohol treatment
- Counseling or anger management courses
- Random drug or alcohol testing
- Avoiding further criminal activity
- Restrictions on travel (such as remaining within the county or state)
Failure to comply with these conditions can result in a probation violation, which may lead to the revocation of your probation and the imposition of the original sentence, including jail or prison time.
Can Probation Be Revoked?
Yes, probation can be revoked if you violate any of the conditions set by the court. Common probation violations include missing scheduled meetings with your probation officer, failing a drug test, not completing community service hours, or committing a new offense. If you are accused of violating probation, the court may hold a revocation hearing to determine whether you violated the terms and whether your probation should be revoked.
At a revocation hearing, your defense attorney can present evidence in your favor and argue why your probation should not be revoked. It’s important to act quickly if you are facing a probation violation to avoid the risk of jail or prison time.
Deferred Adjudication vs. Straight Probation
As mentioned earlier, deferred adjudication and straight probation are two different forms of community supervision in Texas. While both allow you to avoid jail time, there are key differences:
- Deferred adjudication: The court does not find you guilty but instead places you on probation. If you successfully complete the probation period, the case may be dismissed, and you avoid a formal conviction. However, if you violate the terms of deferred adjudication, you can face the full range of penalties for the original charge, and there may be no trial to challenge the violation.
- Straight probation: You are found guilty of the crime, but the judge suspends your jail or prison sentence in favor of probation. Unlike deferred adjudication, straight probation results in a formal conviction, which will remain on your record even after probation is completed.
Your defense attorney can help you understand which option may be available in your case and which one offers the most benefits for your future.
Why You Need a Criminal Defense Lawyer for Probation
Navigating the probation process can be complex, and securing probation as an alternative to jail time is not always straightforward. A skilled criminal defense lawyer can make a significant difference in your case by:
- Negotiating with the prosecution for a plea deal that includes probation
- Arguing for probation during sentencing, emphasizing your qualifications for community supervision
- Defending against probation violations and working to avoid revocation
- Helping you understand your rights and obligations while on probation
At Cheryl A. Wulf, Attorney at Law, Cheryl is dedicated to helping clients avoid jail time by pursuing probation and other alternative sentencing options. Whether you’re seeking probation or need help defending against a violation, Cheryl will work tirelessly to protect your rights and your future.
Conclusion
Probation can be a valuable alternative to jail time, allowing individuals to remain in their community and rebuild their lives. However, securing probation depends on several factors, including the nature of the charges, your criminal history, and the discretion of the court. If you’re facing criminal charges and want to explore the possibility of probation, it’s essential to work with an experienced criminal defense attorney who can guide you through the process.
If you’ve been charged with a crime in Tyler, TX, or Smith County, and want to learn more about probation, contact Cheryl A. Wulf, Attorney at Law at (903) 525-9869 or visit her office at 11702 Hwy 64 E, Tyler, TX 75707 to schedule a consultation.
