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Thelawman2, Lawyer
Category: Criminal Law
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Experience:  Attorney-at-Law
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My daughter is on probation for 10 years 5 of it done and has

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My daughter is on probation for 10 years 5 of it done and has a new 3rd degree felony in Texas. What will happen to her.

Thelawman2 :

If he is on straight or regular probation, then the maximum time she can get is the number of years that were probated. For example, if she got 10 years probation with 5 years remaining, she could get up to 5 years.

If she was on deferred adjudication probation, then the maximum she can get is the maximum for that offense. For example, if she was on probation for 10 years for a second degree felony, she could get up to 20 years for the probation revocation (because that is the max for a second degree felony.)

The judge could decide not to revoke the probation but to extend it (up to a maximum of 5 years for state jail felony cases and 20 years for other felonies) so that she remains on probation during and after she gets out of state jail.

Or the judge could decide to terminate the probation unsatisfactorily.

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