About Probation and Probation Revocation
Probation Officer Threatening Revocation?
There are two types of probation: deferred adjudication and probation with a conviction(also called “regular” probation).
A deferred adjudication probation is most easily explained when discussing a very serious offense, such as a first degree felony. The full range of punishment for a first-degree felony is confinement in prison for anywhere from five years to 99 years or life, and up to a $10,000 fine.
When someone is placed on a deferred adjudication probation, he faces the full range of punishment if his probation is revoked. This is one of the main differences between a deferred adjudication probation and a regular probation. A person placed on probation for 10 years on a first-degree felony, if revoked, could receive the maximum of 10 years, but a person who was placed on deferred adjudication on a first degree felony could receive a sentence of life or 99 years in prison if revoked. You might ask yourself: why in the world would anyone want that kind of probation?
Here is the answer: with a deferred adjudication probation, you are not “technically” convicted. This is because the judge does not specifically find that you are guilty of the offense. Rather, the judge merely finds that there is sufficient evidence upon which a finding of guilt could be made.
If this sounds like hair splitting to you, then you understand it perfectly.
There is a lot of bad information going around about how getting a deferred adjudication means that the offense will somehow be taken off your record. That is not true. But to make this truly complete, and a little more complicated, I need to tell you about orders of non-disclosure.
Before You Take A Deal For Probation
Probation is not for the half-hearted. If you feel you shouldn’t enter a plea for probation because you didn’t commit the crime, then tell your lawyer you want a trial.
If you do enter a plea for probation, be prepared to pony up some money to the probation department. Let me give you an example. Suppose you are charged with two 2nd Degree Felony drug offenses and you enter a plea to both in return for a term of 6 years of deferred adjudication.
Probation isn’t cheap, is it?
You are not eligible for probation from a judge if you have been charged with certain felonies such as sexual assault, aggravated sexual assault (sometimes called forcible rape), indecency with a child by contact, aggravated kidnapping, aggravated robbery, some drug offenses committed within a drug free zone, murder, or any offense in which you were proven to have used or exhibited a deadly weapon (e.g., a firearm) while committing the offense or while fleeing from it.
Often, if you successfully fulfill your probation requirements, you will not be sent to jail or prison. Probation requirements typically include reporting to a probation officer, remaining drug free, performing community service, and paying fines or restitution or both.
If you are unsuccessful in completing your probation requirements or have a probation violation, your probation officer may file a motion to revoke your probation. If this occurs, the judge may extend or even revoke your probation and send you to jail or prison.
If you are facing the possibility of having your probation revoked in Austin or elsewhere in Travis, Williamson, or Hays Counties, you should contact a criminal defense attorney immediately. Criminal Attorney Bill Mange can give you excellent advice and guide you through the process.
Whether you have failed a mandatory drug test, missed an appointment with your probation officer, or are accused of committing another crime, Defense lawyer Bill Mange will be a tenacious defender of your legal rights.
|Supervision fee||1st case||$60.00 x 72 months||$4,320.00|
|Court costs||1st case||$450.00|
|Supervision fee||2nd case||$60.00 x 72 months||$4,320.00|
|Court costs||2nd case||$450|
|Restitution for lab fee||1st case||$160|
|Restitution for lab fee||2nd case||$160|
Probation in Jeopardy? Contact Attorney Bill Mange Today
Defense Attorney Bill Mange will fight to prevent or minimize the consequences of probation revocation. We’ll do our best to save you from returning to jail.