Who Is Eligible For Probation?

by Richard Jones  - May 23, 2023

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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Richard Jones

Austin criminal defense attorney Richard Jones. This legal practice is dedicated to helping individuals like you—those caught in the crosshairs of criminal allegations and in dire need of dependable legal counsel. Richard also proficient in handling allegations related to theft crimes and is prepared to assist you during this stressful time.