Community Supervision Under Texas Criminal Law

Jail time isn't the only option a defendant can receive under Texas Criminal Law. A defendant may also receive probation, or as it is called in Texas, community supervision, for up to a ten year period. The term community supervision is a blanket term that encompasses two variations of this punishment that an individual standing as a defendant in a criminal trial should completely understand. The two variations are referred to as Deferred Adjudication and Regular Community Supervision. These two variations have differences that are important enough that you should take the time to understand the differences of each before even considering either as a solution to your predicament.

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.

During the term of a community supervision, several criteria must be maintained or the individual will risk having their punishment revoked. If terms such as a drug test, sustained employment, or additional community service are not met, the judge may revoke the community supervision and issue jail-time.

Deferred Adjudication, the first variation of community supervision, is often offered specifically to first time offenders. This form of community supervision does not result in a conviction left on the defendants records under the conditions that they complete the entire term of their punishment. However, if the individual has had their Deferred Adjudication revoked, the court may order that they serve up to the maximum statutory range permitted without consideration given to the length of time spent serving the Deferred Adjudication. This punishment must be decided on before

While the conviction is removed from your record at the completion of a Deferred Adjudication, it does not remove all consequences from the punishment under Texas law. The punishment will be exposed in situations involving searching for employment, purchasing a firearm, or submitting a request for a professional state license. It is possible to have the Deferred Adjudication seal or expunged to ease these situations.

Regular Community Supervision, the second variation of community supervision, does result in a conviction left on the record of the defendant. This variation can in fact be issued as a punishment once the case has entered trial, but if it is revoked, the jail time imposed often results in far less then the maximum allowed under the statutory range.

Unlike Deferred Adjudication, sealing or expunging the punishment from your record is not possible as it is a conviction. It is possible to have the Regular Community Supervision set-aside or dismissed once one third of the term has been completed, thus removing the felony charge from your record. These actions are not as powerful as having something expunged or sealed from your record, it will end the term of your Regular Community Supervision.

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.

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

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