What to expect if I’m on felony probation and got a new charge?

UPDATED: Apr 3, 2012

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What to expect if I’m on felony probation and got a new charge?

I’ve been on felony probation for a burglary charge for 9 months. I just violated for the first time with a class A misdemeanor possession charge. What should I expect for consequences? Jail time? Or will I get reinstated?

Asked on April 3, 2012 under Criminal Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What exactly will happen will depend on your judge, the prosecutor, and your probation officer.  Some jurisdictions have a zero tolerance policy for new offenses-- including misdemeanor charges.  Other counties only get wound up on higher misdemeanor charges or felonies.  Considering the spectrum, one of two things will probably happen.  The first is that the judge could reinstate your probation, but modify your conditions so that any issues related to drug use are addressed.  This would include requiring you to go to drug and alcohol counseling or attending NA (Narcotics Anonomous).  Judge may also "sanction" you and require you to spend a few days in the county jail as a reminder of what you could be facing longer term.  The second potential outcome is revocation.  This means the judge could sentence you to prison time for the new violation.  You mention that you are on a burglary probation, but not the level.  A state jail level burglary can face confinement from 180 days to 2 years.  A second degree felony burglary charge can range from 2-20 years.  If you were in jail prior to pleading guilty, you will receive credit for any other periods of incarceration.  

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