Types of Sentencing

probation, parole, and deferred adjudication + the things that come with them!

Probation

Allows the convicted to serve the community instead of their sentence; usually for first time offenders, non-violent offenders, etc.

Parole

Conditional release from (long-term) prison before the sentence is completed; the offender has already served time; completion ends with the sentence

Deferred Adjudication

VERY SIMILAR to probation: A form of community supervision without a conviction; the defendant pleas guilty, but the judge does not find them guilty

Probation Conditions

No criminal offenses; must report to a probation officer, must remain in school/work, and other special conditions related to the case (anger management, AA meetings, etc.)

Parole Conditions

Requires employment, no association with felons, must have a stable home, no alcohol/drugs, maybe electronic monitoring

Deferred Adjudication Conditions

Similar to probational conditions, depends on the offender/crime

Probation Revocation

If revoked, the offender is (1) kept on probation with modified conditions/extended time, or (2) given the suspended sentence

Parole Revocation

If it’s a new offense, they are sent to prison with no hearing; if technical violation, the parole board panel decides whether they will continue parole, add special conditions, or send the offender right back to prison

Deferred Adjudication Revocation

If revoked, it is taken away and the offender is convicted of GUILT; the judge has every right to sentence the offender to anything, since the defendant pleaded guilty at the beginning of DA.

Technical Violation

Reason for revocation; violation of conditions, like breaking curfew, failing a drug test, or missing a meeting.

New Violation

Reason for revocation; involves new criminal offenses that are (kind of) unrelated to the original crime

Revocation Hearing

Starts w/ a violation; evidence is provided showing why it is being revoked, and the defense can testify against it; judge decides based on preponderance of the evidence, then proceeds