PROBATION & PAROLE
Caught With a Weapon? Expect Harder Probation!
Verified Credentials
Reggie & Njeri London
Co-Founding Partners
Co-Founding Partners
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.
Quick Answer
Bottom line up front: Texas community supervision under CCP Chapter 42A divides into straight probation and deferred adjudication, with distinct revocation consequences. Bearden v. Georgia, 461 U.S. 660 (1983), prohibits jailing for inability to pay fees.
Texas legal context
- For the canonical L and L Law Group reference framework on Texas criminal procedure, see the defense process Guidebook covering investigation, arrest, bond, trial, sentencing, appeals, and record-clearing.
- Texas statute of limitations under CCP Article 12.01 varies by offense. Most misdemeanors carry a 2-year limit; most felonies a 3-year limit; many sexual offenses against children have no limitation. SOL analysis applies to every caught with a weapon? expect harder probation! case touching older conduct.
- Texas criminal cases involving caught with a weapon? expect harder probation! require careful analysis of the specific facts, the controlling Texas Penal Code or Code of Criminal Procedure section, and the county prosecution practices. At L and L Law Group, our analysis begins with the indictment or information and walks back through the investigation.
- In Collin, Dallas, Denton, and Tarrant counties, prosecutorial discretion shapes how cases like caught with a weapon? expect harder probation! resolve. The first 30 days after arrest are critical — that is when pretrial diversion, bond conditions, and informal disposition are most flexible.
- Constitutional defenses applicable to caught with a weapon? expect harder probation! include the Fourth Amendment (search and seizure), Fifth Amendment (self-incrimination), and Sixth Amendment (right to counsel and confrontation). The Texas Constitution Article I provides parallel — and sometimes broader — protections.
Authored by L and L Law Group, PLLC. (972) 370-5060. info@landllawgroup.com.
Key Legal Terms
- Deferred Adjudication
- Texas community supervision under CCP § 42A.103 where the court defers entering a conviction pending successful completion. Successful completion = no conviction; revocation = full original punishment range opens (not capped at plea agreement).
- Motion to Revoke (MTR)
- Pleading filed by the State alleging probation violations on straight probation cases. State burden at hearing: preponderance of the evidence under CCP § 42A.108. Outcome ranges from continued supervision to original sentence imposed.
- Motion to Adjudicate (MTA)
- Pleading filed by the State alleging violations on deferred adjudication cases. If granted, the court adjudicates guilt and imposes sentence from the full original punishment range — the central risk of deferred adjudication.
- Bearden Defense
- Defense under *Bearden v. Georgia*, 461 U.S. 660 (1983), prohibiting incarceration solely for inability to pay probation fees, restitution, or fines. Requires the State to prove ability to pay and willful nonpayment.
Our Experience
In 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.
Frequently Asked Questions
What is the difference between deferred adjudication and straight probation in Texas?
Straight probation (CCP § 42A.101) places a conviction on the record from day one — revocation imposes the original sentence, capped at the original cap. Deferred adjudication (CCP § 42A.103) results in NO conviction upon successful completion — but revocation opens the FULL punishment range, not capped at the plea agreement.
What happens if I violate probation in Texas?
The State files a Motion to Revoke (straight probation) or Motion to Adjudicate (deferred). At hearing, the State must prove the violation by "preponderance of the evidence" under CCP § 42A.108 — much lower than trial standard. Outcomes range from continued supervision to revocation and imprisonment.
Can I afford probation if I lose my job?
Bearden v. Georgia, 461 U.S. 660 (1983), prohibits incarceration solely for inability to pay probation fees, restitution, or fines. The State must prove ability to pay and willful nonpayment. We develop the Bearden record in every fee-based violation defense.
Can probation be transferred to another county or state?
Yes. Intra-state transfer in Texas is handled through the Department of Criminal Justice Community Justice Assistance Division. Interstate transfer is governed by the Interstate Compact for Adult Offender Supervision (ICAOS). Travel restrictions require court approval.
What are common probation violations?
The most common probation violations in Texas are: positive drug tests, missed reporting, new offenses, failure to complete community service, failure to pay fees or restitution, and curfew violations. Each carries different mitigation potential — we tailor defense strategy to the specific violation type.
References & Authoritative Sources
Last reviewed: 2026-05-13 by Njeri London and Reggie London, co-founding partners, L and L Law Group, PLLC. This content is reviewed for accuracy at least every 12 months and when statutory or case-law changes occur.
Attorney Advertising Disclosure. This content is for general informational purposes only and is not legal advice. Reading this content or contacting L and L Law Group, PLLC through this website does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Past performance is not a guarantee of future results.
About the Authors
Njeri London
Co-Founding Partner
Texas Bar No. 24043266. Admitted: TXND, TXED, 5th Circuit. Thurgood Marshall School of Law. Focus: Fourth Amendment motion practice, drug-crime defense, federal cases. Verify on Texas Bar
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Reggie London
Co-Founding Partner
Texas Bar No. 24043514. Former Dallas County Assistant District Attorney. Extensive felony trial experience including DWI dockets. Verify on Texas Bar
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Charged with a crime in Texas? Talk to L and L Law Group.
Co-founding partners Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) personally handle every case. Free consultation. Frisco, Texas.
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