Asked 4/6/2016 – San Antonio, TX

i took a plea of deferred adjudication 5 year probation for injury to a child by neglect and have had a mtrp 2 times already im now on my 3rd for not reporting and i think my probation is going to get revoked my question is is how long is the most time i can get and is there a way i can file for something to were i serve misdemeanor time on this felony so i can stay in county jail and be able to see my kids i dont think im capable of finishing my probation since i have no help from family with 4 children i will always having time keeping my appointments

Answer

If you were sentenced to straight probation, the maximum jail sentence you can serve has been entered by the court. If you were given deferred adjudication probation, the full range of punishment is available to the court for sentencing (2 to 10 years TDC). You can REQUEST anything, but your plea has been entered and you failed to abide by the terms and conditions of your probation as you agreed to. The Judge will ask you, “If you wanted to see your kids so bad, why didn’t you take the bus or make other arrangements to insure you went to probation in order to stay out of jail”. Have an answer for the court.