Receiving a penalty of probation for a criminal offense can be a favorable option in comparison to other possible penalties. It is one that the attorneys you have retained to handle your criminal defense will work to obtain on your behalf, depending on the your offense and specific circumstances.
In Texas, probation is called community supervision, of which there are two types you could receive: deferred adjudication or straight probation. Criminal defense lawyers point out the importance of understanding the community supervision process and the various types you may be given.
What Is Probation or Community Supervision?
Probation is punishment that can be assessed by the courts if you have been convicted or pleaded guilty to a criminal offense. It is a period of supervision during which you are required to abide by all requirements assigned by the judge to your case for the length of time required to fulfill your assigned penalty.
Although probation exists to allow you to continue to work and continue a normal life, criminal defense attorneys warn that breaking any terms of your probation agreement could result in going to jail.
What are the Different Types of Probation or Community Supervision?
There are two types of probation that criminal defense lawyers can negotiate for depending upon your case. Each has different eligibility and fulfillment requirements and can affect your criminal record.
Straight Probation - Straight probation or regular community supervision is available to certain individuals who have been convicted of or plead guilty to an eligible offense. Straight probation is the penalty given when you have been found guilty of your offense and received sentencing.
Regular community supervision can be concluded in two ways: by completing the entire term and being released or by petitioning the court to have your probation terminated early.
Deferred Adjudication - Another option that may be available to you depending on the offense is deferred adjudication or community supervision. Criminal defense lawyers advise that this is a more desirable option in most situations. You are still required to abide by any and all applicable community supervision rules.
Upon completion of the term of your deferred probation, your legal record will show that you completed deferred adjudication probation but will not show a criminal conviction. You can petition to have this adjudication sealed from public viewing through petition for non-disclosure.
Probation or community supervision is a penalty that you and your attorneys will likely try to negotiate for based upon your offense. Although probation is a more favorable option, criminal defense lawyers warn that you must understand how each type can affect your future and how each must be fulfilled.
While straight probation can help you stay out of prison if you have been convicted, deferred adjudication may be a better option if it is offered as it leaves you without a conviction on your record. On the other hand, in some cases it might be better to fight the conviction in court and prove your innocence of the charges. Let your attorneys who are experienced in handling criminal defense charges help you make the right decision.
Reynaldo Garza, III
Downtown Brownsville
Principal Office
680 East St. Charles St, Suite 600
Brownsville TX 78520
956-382-7002
North Brownsville
Meetings With Attorney By Appointment Only
1393 East Alton Gloor Blvd, Suite 12
Brownsville TX 78526
956-382-7002
