Legal Question in Criminal Law in Texas

I am appealing the revocation of my probation, I have been sentenced 2 yrs in state jail. Right now i am in the county until a decision is made on the appeal. If the appeal is dropped is there any chances of early release or to be placed back on probation?


Asked on 2/24/11, 7:57 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

You will probably not prevail on appeal. It does not take much evidence to support a judge's decision to revoke / adjudicate probation. As long as you are sentenced within the proper amount of sentence, there is very little chance of relief on appeal.

You will not be reinstated if you continue your appeal and lose or if you drop your appeal. The best chance that you have for getting back on that probation is ask the judge for shock probation. You must serve at least 75 days in state jail custody before asking for shock. It is totally up to the judge whether or not to grant it. And, if you could not make probation in the first place, the chances are very low on getting shock - but it is possible. Talk to a lawyer about this.

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Answered on 3/20/11, 6:04 pm


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