A judge or a jury may sentence defendants convicted of certain offenses to probation (technically referred to as Community Supervision) instead of jail time. In Texas, there are two types of Community Supervision.
The first type is Post-Conviction Community Supervision (commonly referred to as “Straight” Probation). Under Straight Probation, the judge enters a verdict of guilty, sentences the defendant to a term in jail, but “probates” that sentence for a certain number of months or years. During this time, the defendant will remain free from jail but will be bound by certain restrictions imposed by the Court or the probation office. Straight Probation results from a final conviction that will remain on a defendant’s criminal record.
The second type of Community Supervision is called “Deferred Adjudication.” Under Deferred Adjudication, the judge will accept a defendant’s guilty plea but will defer entering a final judgment against them so long as they abide by conditions imposed by the Court or probation office. If the defendant successfully completes probation without violating these conditions, they will NOT have a final conviction on their criminal record. Additionally, the defendant might be eligible for an Order of Nondisclosure that will seal the arrest record from the public.
Regardless of the type of community supervision, the Court or the Probation Office will impose similar conditions on the defendant. At a minimum, a defendant on community supervision will usually have to report to the probation office and agree to not commit any new criminal offenses. The Court or the probation office might impose other restrictions based on the factors that are relevant to the case such as community service, classes, or regular drug testing.
A defendant who fails to abide by the conditions of community supervision could face consequences such as the imposition of more restrictions, longer community supervision, or have their community supervision revoked and face jail time.
If you have been arrested for a criminal offense or are facing revocation of your community supervision, you need to consult an attorney who understands the system and who can ensure you receive the best outcome. Carter Criminal Defense takes these cases and welcomes you to a free consultation.