If you find yourself charged with a Felony in Harris County you are facing the possibility of prison time. You will have to make a decision with the advice of your Houston Criminal Defense Attorney on whether you would like to have a jury trial or if you would like to come to a plea bargain with the state.
If you choose the route of a plea bargain it is likely that you would like to have probation rather than go to prison. What is commonly called probation is Community Supervision. You would likely prefer Deferred Adjudication as it does not result in a final conviction and leaves the possibility of sealing the record from the public.
Whether you end up getting Deferred Adjudication or a straight Probation(found guilty) it is likely that the court will require that you submit to an evaluation called an LSI-R. Some courts will allow you to submit to the LSI-R to determine if you want probation. Other courts will require that you plea guilty, have the LSI-R and then return to court for the sentence.
The LSI-R will recommend conditions of probation. These conditions could include programs that require that you remain in jail for a period of probation. For example, if the recommendation is the New Choices drug rehabilitation program, you will remain in jail from 6 months to a year and then continue with your probation when you are discharged from New Choices.
The LSI-R (which stands for Level of Service Inventory-Revised) is a risk assessment evaluation that contains questions about the defendant with the goal of determining whether the defendant will re offend. The questions are broken down different categories which include criminal history, educations/employment, financial situation, family/marital relationships, accommodation, leisure and recreation, companions, alcohol or drug use. emotional/mental health and attitudes and orientations.
A probation officer will ask the defendant a list of questions in the aforementioned categories and assign points to each answer and tally a total score. The score will be categorized into a risk level of either high, medium or low. If the risk is rated as high it is likely that the recommendation will be stricter probation conditions that may require that you participate in rehabilitation while incarcerated.
If you find yourself in this situation you will need an Criminal Lawyer in Houston to guide you through the process that understands the LSI-R. Call Houston Criminal Defense Lawyer Mario Madrid at 713-877-9400.