September 7, 2016

Asked 8/18/2016 – Austin, TX

It’s the first time he violated. Will he have to serve the whole 3 years in prison?

Answer

If your husband is on deferred adjudication probation for a state jail felony, the maximum sentence he can receive for violating his probation is 2 years confinement in a state jail facility. The Court that entered the probation can, upon the filing of a motion to adjudicate, reinstate the probation, modify and/or extend the probation, or revoke the probation and send the probationer to jail. You will have to speak with your husband’s attorney to determine what will happen in his specific case.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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