Can You Get Probation for a Drug Felony in Texas?

By | March 13, 2013

If the drug felony is a state jail felony and you have no prior felony convictions, then not only can you get probation, you must get probation. Criminal lawyers will recognize that I’m referring to article 42.12 §15(a)(1) of the Texas Code of Criminal Procedure. Even if the judge is bound and determined to send you straight to the state jail facility, he cannot do so under this fact scenario.

If you do have a prior felony conviction and the drug felony is a state jail felony, then it is still possible to get probation, and in Travis County you probably still will get probation, but the judge does not have to place you on probation.