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Criminal Defense Areas of Practice
Assault
Domestic Violence
Drug Crimes
DWI
Felonies
Jail Release
Sex Offenses
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Who Is Eligible For Probation?

Who Is Eligible For Probation?

- BT, Texas

Answer:

If someone has never been convicted previously of a felony, they are eligible for probation if found guilty. A jury cannot give probation to someone with a previous felony conviction regardless of the type of case.

A judge may give probation to someone with a prior felony conviction. However, there certain types of offenses such as those involving the use of a deadly weapon or sex offenses (see section 3(g) of article 42.12 of the Texas Code of Criminal Procedure for a complete list) where even a judge cannot impose probation and must impose a prison sentence.

Note that because a deferred adjudication is not a conviction, a person may receive a deferred adjudication for most 3(g) offenses.



This answer does not constitute legal advice, which can only be rendered after a full consideration of the facts of your case which is not possible in this format; nor establish an attorney-client relationship, which can only be done after you and an attorney meet and agree on the terms of that relationship. This answer is intended solely to provide general information about the justice system. Further, it does not provide the basis for making decisions about a course of action. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication. Moreover, links to information on this site are for your convenience only and are not an endorsement or recommendation of those sites, and no responsibility is taken for any information at these linked sites, nor makes any representation or warranty with respect to these sites or the information contained therein.
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