Can I get probation for a first degree felony of identity theft?

Unfortunately, I cannot answer this question directly because there is no way of knowing what a particular judge will do in a particular case. Community Supervision in Texas is governed by the Code of Criminal Procedure, Article 42.12. It states that a judge, in the best interest of justice, the public, and the defendant, after a conviction or a plea of guilty or no contest, can suspend imprisonment and place the defendant on community supervision. So, it will be judge's discretion. A prosecutor may offer probation but the judge makes the ultimate decision. The minimum amount of time you will have to be on probation is 5 years since you are charged with a 1st Degree Felony. The maximum amount of time the judge can place you on probation for is 10 years. HOWEVER, if you are convicted of the crime and you are sentenced to a term of imprisonment longer than 10 years, the judge cannot give you probation. For educational purposes only. No attorney-client relationship was created by this communication.

You need to get yourself a good lawyer up in Dallas that knows their way around the courthouse. There are several to choose from, many of whom you can find right here on avvo. Is it possible to get probation? yes. Will you? maybe. The DA might offer you a plea deal of probation. If not, you might be able to get it from the judge. If the judge wont do it, you would have a shot at getting it from a jury. It is impossible to tell you whether you will or will not get it. A lot of that will depend on the facts of your case, the particular judge, and particular prosecutor handling your case.

First, you should not post potentially incriminating information in a public forum. Even though you feel guilty and want to take responsibility it is not a good idea to speak about your case with anyone but your attorney. Second, get a local attorney who knows what the typical plea bargain offers are for your situation. ID theft cases in Dallas County are prosecuted by the special crimes unit. Find someone with experience in that area. In my experience restitution is always an issue in these cases. You should discuss this with your attorney and see if paying restitution can help you avoid jail time. I see that you've "admitted" to what you did. Before you make any statements to law enforcement, the prosecutor/judge, co defendant, anyone- hire an experienced local attorney. Finally, the disclaimer. This isn't legal advise, this is a public forum, not an attorney/client relationship or communication.