Differences In Community Supervision Under Texas Criminal Law

Under Texas Criminal Law, a defendant many have the option to receive a punishment of probation as opposed to jail time. In the state of Texas, probation, also referred to as community supervision, has two different variations that should be fully understood by anyone entering a situation where community supervision may be an option for them. Depending on whether the defendant is charged with a misdemeanor or a felony, the term of the community supervision may last up to ten years. The two variations that maybe available in this situation are Deferred Adjudication and Regular Community Supervision.

The maximum term of a community supervision depends on the type of charge that the defendant is faced with. For a misdemeanor, the maximum term is two years, but for a felony the term reaches ten years. While community supervision is an alternative punishment to straight jail time, it does not mean that the defendant won't receive any jail time at all. A judge may order that the defendant serve up to thirty days jail time for a misdemeanor offense, and as high as one hundred eighty days for a felony offense.

When under community supervision, there are several requirements that are imposed on the individual. These requirements many include drug testing, employment review, and community service. If any of these requirements are not met, it is within the power of the court to revoke the community supervision.

The first variation, known as Deferred Adjudication, leaves the defendant without a conviction on their record if they fully complete all terms of their community supervision. This is usually a punishment offered specifically to first time offenders, but this punishment is no longer available once the trial has begun as a jury does not have the power to grant it. As stated before, the community supervision may be revoked if the terms are not properly completed. If this occurs, the defendant may be sentenced to jail time up to the maximum allowed by the statutory range, with no consideration given to the time spent under their Deferred Adjudication.

Completing a Deferred Adjudication in Texas does not completely remove it from impacting your life. It will still be visible when searching for a job, purchasing a gun, or receiving a professional license from the state. You can, however, have the deferred adjudication sealed or expunged.

The second variation, Regular Community Supervision, does leave a conviction on the record of those who receive this method as a punishment. Where Deferred Adjudication could not be offered during a trial, Regular Community Supervision is a punishment issued by a trial jury. The punishment issued if a Regular Community Supervision is revoked will often be less than the maximum allowed by the statutory range.

You cannot seal a Regular Community Supervision through a non-disclosure or by expunging it as it is a conviction. After one third of the term has been completed, it is possible to have the charges dismissed or set-aside and thus removing the felony conviction. However, this does not remove the conviction as it would if it was sealed or expunged.

The common myth that by simply finishing your community supervision term, your record will stay clean is unfortunately untrue in Texas. While this article may have provided you with insight into understanding the charges against you, it would be wise to speak with a Texas Criminal Lawyer to review all of your specific options. Each individual case has differences that can not be generalized, so the results of these decisions may alter your life more than you give it credit for.

Article Source: http://www.share.onlypunjab.com

If you're faced with the choices explained above, it is recommended that you contact either a Houston Criminal Attorney or a Houston DWI Lawyer depending on what you are being charged with.

Please Rate this Article

5 out of 54 out of 53 out of 52 out of 51 out of 5 

Not yet Rated