Felony Probation Rules in Texas — Complete Compliance Guide
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Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
Reporting requirements
- Monthly office visit — report in person to assigned probation officer
- Honest disclosure — answer all questions truthfully (lying is a violation)
- Notification of address change — within 24-72 hours typically
- Notification of phone number change — same timeline
- Notification of employment change — new job, lost job, change in hours
- Notification of new arrest — any contact with law enforcement
- Notification of legal name change, marriage, or other major life events
Financial obligations
- Monthly supervision fee — $40-$60/month standard ($720/year)
- Court costs — $300-$500 at sentencing; balance due as required
- Fines — ordered amount; payment plan available with court approval
- Restitution — if applicable to victim or government agency
- Treatment costs — counseling, substance abuse programs, etc.
- Drug testing fees — $20-$50 per random test
- Community service program fees — if assigned
- Crime Victims Compensation Fund fee — required for many offenses
Falling behind on payments triggers violation but rarely results in revocation if defendant is making good-faith efforts. Document partial payments and communicate hardship to probation officer.
Drug and alcohol testing
- Submit to drug testing on demand — random or scheduled
- No alcohol consumption in many probations (especially DWI-related)
- No prescription medications without approval — even legitimate prescriptions must be disclosed
- No marijuana — including hemp products that produce positive THC results
- No prohibited substances in vicinity (cars, residence, workplace)
- Pay for testing as required
Texas probation drug testing typically uses urine analysis with cutoff levels conforming to SAMHSA standards. THC has the longest detection window (up to 30 days for heavy users). Single hemp-derived product consumption can trigger positive results.
Employment and movement
- Maintain employment or seek employment actively
- Don't leave the county without permission (sometimes state)
- Don't leave Texas without travel permit
- International travel requires court approval
- Residence in specific county — major moves require approval
- Curfew if imposed — usually 10 PM-6 AM for specific offenses
- Avoid certain locations — schools, bars, parks (offense-specific)
Contact and conduct restrictions
- No contact with victim (where applicable)
- No contact with prohibited persons (co-defendants, certain associates)
- No firearms possession — federal §922(g)(1) prohibition applies
- No new criminal violations — any new arrest triggers violation
- Compliance with protective orders
- Sex offender registration if applicable
- Treatment program attendance — sex offender, anger management, substance abuse
- Mental health treatment if ordered
Texas Marijuana Charges by Weight
| Weight | Offense | Range |
|---|---|---|
| Under 2 oz | Class B misdemeanor | Up to 180 days + $2,000 |
| 2-4 oz | Class A misdemeanor | Up to 1 year + $4,000 |
| 4 oz - 5 lb | State jail felony | 180 days-2 years + $10K |
| 5-50 lb | 3rd degree felony | 2-10 years + $10K |
| 50-2,000 lb | 2nd degree felony | 2-20 years + $10K |
| 2,000+ lb | Enhanced 1st degree | 5-99 years/life + $50K |
| Hemp products with delta-9 THC ≤ 0.3% are legal under HB 1325 (2019) | ||
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Key Legal Terms
- Penalty Group
- Texas Health & Safety Code § 481.102-481.105 classification of controlled substances by abuse potential and accepted medical use. Determines weight tiers and punishment ranges.
- Article 38.23
- Texas Code of Criminal Procedure exclusionary rule. Evidence obtained in violation of any federal or Texas constitutional or statutory provision is inadmissible against the accused.
- Aggregation
- Texas H&S § 481.002(5) rule that the total weight of any controlled substance, including adulterants and dilutants, counts toward the offense weight tier.
- 3g Offense
- CCP Article 42A.054 list of offenses ineligible for judicial probation and requiring 50% sentence served before parole eligibility (formerly Article 42.12 § 3g).
- Pretrial Diversion
- Pre-charge alternative under CCP Article 32.02 in which the prosecution agrees to dismiss charges upon successful completion of conditions (counseling, community service, restitution).
Frequently Asked Questions
How long does felony probation last?
Felony probation can be 2-10 years depending on offense level. Most third-degree felony probations are 5-7 years; second-degree probations are 7-10 years. Maximum term is 10 years under Code of Criminal Procedure art. 42A.053.
Can I get probation reduced early?
Yes, in some cases. Code of Criminal Procedure art. 42A.701 allows early termination of probation after one-third of term served (or 2 years, whichever is less), with judge's approval. Defense counsel can file motion for early termination.
What if I can't afford the fees?
Document hardship and continue making partial payments. Texas Code of Criminal Procedure art. 42A.301 allows fee waivers for indigent defendants. Pure failure to pay due to inability typically doesn't result in revocation if good-faith efforts are made.
Can my probation officer search my home?
Yes, generally without warrant. Texas probation conditions typically include consent to search of person, vehicle, and residence by probation officer. The reduced expectation of privacy on probation is established under Texas case law.
Can I move out of state on felony probation?
Only with court approval. Interstate Compact procedure allows transfer to another state's supervision if accepted by destination state. Without approval, leaving the state is a violation.
