The short answer is, unfortunately, NO. The longer answer makes it more of a “not exactly”. The main goal of a Criminal Defense Lawyer in a Probation Revocation hearing is to, of course, avoid revocation. But, the truth of the matter is that certain probation violations cause more problems than others. Though not ideal, there are a couple of “exceptions” to not getting “time served” on a revoked probation.
Do I get “Time Served”if my Probation is Revoked?
The statute regarding Revoked Probation is 42A.755 of the Code of Criminal Procedure. When the court revokes your probation, it has two options. First, the court can treat the case as if there had been no probation. Put simply, the court can impose the original jail time before probation. For example, say the court sentenced you to 90 days of jail time probated for 1 year. The court can impose that 90 days of jail time when revoking your probation. The court may do this even if you completed 11 months of the 1 year of probation. The court’s other option is to impose a shorter term of confinement (but not less than the statutory minimum). This occurs if it is in “best interests of society” and if the shorter confinement would best serve you.
The worst part about either option is that none of the time spent on probation counts as any part of the term of confinement you must serve. However, there is one small exception to this rule. If you successfully complete a residential program as part of a substance abuse felony punishment (including felony DWI), then time spent completing that program WILL count for “time served” after revocation. Typically, this refers to SAFP, since the Texas Department of Criminal Justice operates that program. However, the statute also mentions completion of “other court-ordered residential program or facility,” so private programs, such as Cenikor, might also count if ordered by the court.
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