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Max Probation length on a SJF deferred

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December 12, 2013, 17:33
Stacey L. Brownlee
Max Probation length on a SJF deferred
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.
December 12, 2013, 18:15
John Greenwood
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.
December 12, 2013, 21:26
Barry Green
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.
December 13, 2013, 09:51
JB
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.