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Straight Probation or Regular Probation in Texas is when the Judge finds you guilty of your criminal offense and sets the number of months that you are on probation. Your conviction of the crime will go on your criminal record immediately. Unlike Deferred Adjudication, when you are placed on Straight Probation, it’s after you’ve been found guilty. Because this is a sentence that’s been probated, a jury can probate criminal offenses after a Trial by Jury. If you violate your Straight Probation, the Judge can sentence you to the original sentence imposed on you when you were placed on probation.
Basically you’ve agreed to plead guilty or no contest. The Judge accepts your plea and finds you guilty. Then you’re sentenced to a certain amount of time in either jail or prison. But, instead of carrying out the sentence and sending you to jail or prison, the Judge “probates” your sentence. You will then be released to the community supervision department to receive your probation requirements and restrictions.
Pros and Cons of Straight Probation
The benefit to accepting Straight Probation is that you didn’t have to go to jail or prison. You do have certain requirements you have to complete, monthly meetings with your Probation Officer, alcohol testing, drug testing, and educational requirements without having a prison sentence. The negative of Straight Probation is that you have a permanent criminal conviction on your record.
Why you don’t want to Violate Straight Probation
If you violate your Straight Probation you need to remember that you’ve already been found guilty and sentenced by the Judge. The courts can be petitioned to revoke your probational status and impose the original sentence which was probated by the Judge. Even if you have almost completed your probation, you will be sentenced to the entire punishment originally imposed by the Judge.
