A guy is placed on probation in 1998 for a period of 5 years, the State files an MTR in 2000. The defendant is finally picked up on a warrant in late 2004. He now faces an MTR hearing in 2005.

Does 42.12 Sec. 21(e) allow the trial court to continue or extend his probation even though his original probation was supposed to expire in 2003, or does Section 22(c) forbid an extension after 1 year has elapsed since his probation was supposed to end? These two sections seem to be in conflict and I was curious what you all thought. I have a guy I'm thinking about allowing to live out an extension since he's been a good buy for the last five years, has a job and a family to support.

What do you all think?

Up here in Hale County, it is my experience that being a "good boy" does not include being AWOL from probation for five or more years.

You can't do an extension of probation after the probation has been expired for a year. Art. 42.12 sec. 22(c). I think you're stuck with one of two options: revoke or do nothing (either by dismissal or determination that that's what's appropriate by the court).

Thinking creatively, if you decide that the guy would benefit from remaining supervised and that you don't want to send him down, you could just delay the hearing and have the guy on bond conditions for however long. Obviously, its in the guy's interests to agree so that he won't have to risk going down. If he messes up, you just proceed on your MTR that's already been filed and revoke him.

You could revoke and then do shock probation.