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Am I still eligible for misdemeanor probation(never been charged with a misdemeanor), if I've been on Felony probation.

Arlington, TX |

I rented a television from a rental store and sold it to a friend because I needed the money. I lost my job shortly after that and the company is threatening to file theft charges on me for the $1300 I owe. I have never had a misdemeanor or theft charge but was on felony probation years ago for drug charges.

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Attorney answers 4



Brian Richard Gray

Brian Richard Gray


How verbose! What if the felony was deferred and lived out? What if the Judge agrees to probation? What if the state agrees?


I believe you are eligible for misdemeanor probation (community control). It is certainly less likely if you have a prior felony case, but that is not a disqualifier.

The only disqualifying conditions are listed in Code of Criminal Procedure Article 42.12, Section 3. You do not appear to be disqualified under the information you provided.

I see that one colleague has already reached the opposite conclusion, so I am open to correction. That being said, my current reading of the law suggests that you are eligible for probation

Answers to Avvo questions are for general information purposes only and should not be relied upon as legal advice. Specific facts in your case may make this answer inaccurate or incorrect for your situation. This answer does not create an attorney/client relationship, and is also not a privileged communication due to its public nature. For specific advice about your situation, you should consult an attorney directly.


If you were successfully discharged from a deferred felony probation, the answer is yes. Even if you were convicted of a felony you can be given probation by a Judge in any misdemeanor case, you just cannot make an application for probation from a jury.


Yes. In a plea if the State agrees and the judge agrees or if the judge punished you, he could grant probation. You could not get from a jury.

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