What is the maximum term of deferred probation that a defendant can be sentenced to. I have a defendant that has been on for almost 5 years and the defense thinks she can be extended for another 5. I can't find that anywhere and think she ought to be revoked.

42.12 Sec. 15. (b) The minimum period of community supervision a judge may impose under this section is two years. The maximum period of community supervision a judge may impose under this section is five years, except that the judge may extend the maximum period of community supervision under this section to not more than 10 years. A judge may extend a period of community supervision under this section at any time during the period of community supervision, or if a motion for revocation of community supervision is filed before the period of community supervision ends, before the first anniversary of the expiration of the period of community supervision.

I could be wrong, but I think the section John cites is for "straight probation" -- and that section certainly would allow an extension.

However, I believe when a deferred adjudication is imposed on a SJF, the ten year maximum rule applies.(42.12 5(a)) That's why an initial plea can be for 10 years deferred but can only be a maximum of 5 years if it's a straight probation.

Either way, an extension up to 10 years is allowed.

See Chapter 9, Adjudication/Revocation of The Perfect Plea (TDCAA 2010). Admittedly, it has not been updated in a couple of legislative cycles, but I believe it still accurately reflects the answer to your question: pages 154-55.

In short, the period of supervision can be extended, for good cause, for up to a total of ten (10) years.