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sitruc1126 · May 1, 2012, 07:56 PM

I just completed four of five years on deferred adjudicated felony probation. I flunked two UA's for pot and just caught a misdemeanor marijuana charge. My question is that the DA is offering four years in TDC (texas prison) right now; will I do the four years or when I get to court will they probate them for adj. probation.

Fr_Chuck · May 1, 2012, 08:01 PM

I doubt they allow deferred adjudicated probation since if the terms are the same here, it means after probation charges would have been dropped, so it now goes to a conviction and while you may get back on probation. My real guess is 6 months to 1 year to serve and then balance probation.

sitruc1126 · May 1, 2012, 10:14 PM

Even after just having had my second child and working for the past year at the same steady job? And what do you mean a year then mess with probation?

sitruc1126 · May 1, 2012, 10:19 PM

O and I was already on def. adj. probation, but it got revoked after the pom > 2 oz charge.

J_9 · May 1, 2012, 10:22 PM

Basically, you have not followed the terms of your probation so it is quite possible you could serve the entire remainder in the slammer. It doesn't matter to them that you just had a child or a consistent job, you did not follow the requirements of the probation, so you suffer the consequences of your actions.

sitruc1126 · May 2, 2012, 06:28 AM

Give me the remainder of what? My probation? Im pretty sure it don't work like parole.

Fr_Chuck · May 2, 2012, 07:15 AM

It is actually worst than parole, on parole you only serve the remainder of the time, on probation if you only had a month probation left of three years, you could be sent to jail for the three years.

And yes, judges normally and often if you have several violations ( you picked up a new charge plus tested dirty) will send you to jail for at least a few months if not longer to teach you a lesson since you are not taking probation serious. Probation is a "chance" to prove you can follow the rules, knowing you will be tested or could be you still used, so when caught judges just see you as someone who is not grateful for the chance the court gave them. They see violatoins as a disrespect. And the PO is there just to try, so he will be telling them how bad you were. Not how good you did.

And the judge cares less about new kid or work, that may not even be allowed to be mentioned.