What Is The Worst Thing That Can Happen If My Probation Is Revoked?
You should know the answer to this question before you make a decision on having a hearing on a motion to revoke your probation or not. You want to know what your exposure is, meaning the full range of outcomes the judge could sentence you to, but most importantly, you want to know what the worst thing that could happen is if your probation were to get revoked. The answer to this question will depend on a couple of different factors. First of all, it will be determined by what type of probation you are on. There are two types of probation in Texas, regular probation and deferred adjudication probation. If you are on regular probation, then your maximum sentence has been set by agreement when you originally signed up for probation, and it is capped, but if you are placed on deferred adjudication probation, then the judge can sentence you anywhere in the punishment range, including the maximum. Let’s do a couple of examples:
You are on deferred adjudication probation, let’s say, for example, for a second degree felony. Second degree felonies carry a punishment of a minimum of 2 years in the Texas Department of Corrections up to 20 years and up to a $10,000 fine. If you are on deferred adjudication probation and you have a motion for your probation to be revoked, you could face a maximum sentence of 20 years and a $10,000 fine.
On the other hand, if you are on regular probation, which means that you have been convicted, there is an underlying sentence that the judge has already imposed. A lot of times for example, in a third degree felony DWI, 7 years in prison probated for 10 years or 7 years in prison probated for 10 years with a $500 fine. What this may mean is that if you violate the terms and conditions of your probation and your probation gets revoked, the judge can sentence you up to a max of the seven years. So, if the judge has made an offer of 7 years TDC on your probation revocation and 7 years is the max, then you may very well want to go forward to a hearing, because, what do you have to lose?
On the other hand, if on your probation, you are on deferred adjudication probation for a second degree felony with a maximum exposure of a 20 year sentence and they have extremely strong evidence that you violated your probation, such as you pled guilty in another county and they have a judgment proving that you violated your probation and the judge is offering you the minimum 2 years TDC on a possible 20 year sentence, you may want to take that 2 year deal that the judge is offering you upfront and forego the possible outcome of the maximum sentence of the hearing. These types of decisions are not to be taken lightly and you should only make them after you thoroughly understand the allegations that have been made against you, the evidence that the prosecutor has and plans to present against you at your hearing and consulting on possible alternatives to these outcomes with your attorney before trial.
For more information on Worst Outcome Of A Probation Revocation, A Free Case Evaluation is your next best step. Get the information and legal answers you are seeking by calling (512) 601-0009 today.
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