Am I eligible for probation on a Texas drug case?

Am I eligible for probation on a Texas drug case?

If you have been charged with possession of a controlled substance less than a gram (a state jail felony) and you do not have any prior felony CONVICTIONS, then not only can you get probation, the Judge is required to place the Defendant on probation, also known as community supervision. The mandatory probation provision is contained in article 42.12 §15(a)(1) of the Texas Code of Criminal Procedure (TCCP). In short, Article 42.12 of the TCCP requires probation in this situation.

However, if you have a prior felony conviction and you have been charged with possession of a controlled substance less than a gram (a state jail felony), it is still possible to get probation, but the DA/Probation department will make that determination on a case-by-case basis. Realistically speaking, there is still a high probability that you will get probation, but the judge is not required to place the Defendant on probation/community supervision.

If you or a loved one have been charged with possession of a controlled substance it would be wise to consult with an experienced attorney before going to Court or speaking with the District Attorney. Please feel free to contact my office if you have any questions.