I often receive questions regarding probation eligibility. Many individuals believe that they would be able to receive probation for their offense, however, later learn that it's really not an option.
When developing a strategy for your case, knowing your options is key to a good defense. Probation eligibility is a huge factor in deciding how to fight your case. Individuals may either get probation from the judge, the jury, or neither, depending on what you're charged with, and your prior criminal history.
Part I - Judge Ordered Community Supervision
In a felony case, the minimum period of community supervision is the same as the minimum term of imprisonment. So for example, if you're accused of a 3 degree felony, the penalty is 2-10 years. Thus, the minimum term of probation would be 2 years.
You may be put on probation for up to 10 years for a 2nd or 1st degree felony, and some 3rd degree felonies. However, other 3rd degree felonies only cary a max probation of 5 years - you'll need to talk to me personally or hire a lawyer to explain this situation to you for your specific case.
The max probation time for a misdemeanor case is two years.
Next time we will discuss when the judge, by law, can not place an individual on community supervision.
J. Julio Vela