Who Is Eligible For Probation?
– BT, Texas
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.
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