AM I ELIGIBLE FOR PROBATION IF I GO TO TRIAL AND I'M FOUND GUILTY?

All persons convicted of a misdemeanor offense are eligible for probation if they elect to have a judge assess their punishment. Persons convicted of a misdemeanor offense are eligible for probation from a jury if, before the trial begins, the defendant files a written sworn motion with the judge that the defendant has not previously been convicted of a felony in Texas or any other state, and the jury enters in the verdict a finding that the information in the defendant's motion is true. Under the current law, if you are convicted of a felony and are sentenced by a judge, you are eligible for probation provided that you sentence is ten years or less and you are not convicted of: (1) capital murder; (2) murder; (3) aggravated kidnapping; (4) aggravated sexual assault; (5) aggravated robbery; (6) indecency with a child; (7) sexual assault of a child; (8) a second drug offense in a drug-free zone; or (8) a felony where a deadly weapon was used or exhibited.

Under the current law, if you are convicted of a felony (except a state jail felony or a second drug offense in a drug-free zone) and sentenced by a jury, you are eligible for probation if the jury sentences you to ten years or less and the jury finds that you have never previously been convicted of a felony.

The maximum period of probation for Class A and Class B misdemeanors is two years and for felonies is ten years.