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Mandatory Probation for State Jail Felonies

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March 03, 2005, 15:18
EGray
Mandatory Probation for State Jail Felonies
Under Art. 42.12 sec. 15, the Judge is required to grant community supervision for certain state jail felony drug cases as long as the defendant has not been convicted of a felony.

Does this include juvenile adjudications??
March 03, 2005, 15:59
Lisa Peterson
Just as juveniles don't have the mandatory incarceration on DWIs. Remember - we don't punish them, we rehabilitate them. Disposition of a juvenile is still supposed to at least offer lip service to the progressive sanctions guidelines, which would mean that a state jail felony committed by a first offender would generally be a level 3 offense which is normally court ordered probation. If there is a reason to deviate, it may include placement, boot camp, or something like that. See Chapter 59 of the Family Code.