Probation is a second chance. It allows people to avoid incarceration while serving their sentence with heavy limitations. You can still face gravity even if you are put on probation. If you violate probation in Texas, the judge in your case will determine the penalty phase. The violations will change the strategy and the response. Some violations lead to warnings and counseling. Other violations could get you jailed. If you have a probation violation, it is important to call a lawyer. There are affordable attorneys in Dallas, TX, who can help defend your case and mitigate the penalties.
What Counts as a Probation Violation?
Violating probation means breaking the judge’s rules. Some violations are minor. Some are major. There are two main categories:
- Technical Violations: These happen when you fail to comply with the probation rules. Examples include missing an appointment with a probation officer, failing to complete court-ordered programming or classes, or failing a drug test.
- Substantive Violations: These are more concerning. This is when a person commits a new offense while on probation. Being arrested for any type of criminal offense, even a minor one, would qualify as a substantive violation.
The nature of the violation will determine potential consequences. A technical violation in an individual’s first instance may warrant a warning. A substantive violation could lead to jail time regardless of whether there is a conviction.
Common Probation Terms in Texas
Every probation sentence comes with rules. These rules depend on the crime, the judge, and the person’s criminal history. Some common probation conditions in Texas include:
- Regularly reporting to a probation officer
- Paying fines and court fees
- Attending drug or alcohol counseling
- Completing community service hours
- Following travel restrictions
- Avoiding new criminal activity
- Passing drug tests
- Maintaining employment or seeking a job
Breaking any of these rules can lead to a probation violation.
What Happens After a Probation Violation?
When probation has been violated, the probation officer will decide what to do next. Some violations will only result in a warning while others will go to court. Once the probation violation has gone to court, the judge will determine the consequence. Below are examples of what can happen after a probation violation.
1. Warning or Added Conditions to Probation:
In cases of minor probation violations, the probation officer may just give a stern warning. In some cases, the judge may add conditions to the person’s probation, such as additional hours of community service, or they may be placed under stricter supervision.
2. An Extension to Probation
The judge may extend the amount of time a person will remain on probation. For example, if the sentence to probation was for a two-year period a judge may extend that to three years.
3. Jail Time
In serious cases of violation, a judge may direct the person to serve time in jail. This may be a few nights in jail for a minor case, or they may be ordered to serve the remainder of their original jail sentence term.
4. Total Revocation of Probation
In extreme cases, the judge may impose an order revoking probation completely. The individual must then serve all the time as imposed by the judge on their original sentence.
Factors That Affect the Judge’s Decision
Judges look at several factors when deciding on a punishment for a probation violation. These include:
- The seriousness of the violation
- Whether the person has a history of breaking probation
- The reason for the violation
- Whether the person committed a new crime
- The person’s attitude and efforts to follow probation
Someone who makes an honest mistake may receive a lighter sentence. Someone who repeatedly breaks the rules may face jail time.
Defending Against a Probation Violation
You can plead your case if you believe you were falsely accused of a probation violation. In any case, the prosecutor must prove the violation occurred, and defendants can defend themselves. Defendants can employ defense strategies that show the violation was unintentional, the violation is untrue, or other evidence of compliance with conditions of probation. Some defendants even argue that the punishment does not fit the violation. In any case, it is critical to obtain legal representation to assist in the defense. Consulting with a probation violation attorney in Dallas will help develop a strong defense and represent you in court, including presenting evidence to help negotiate a fair outcome that is more favorable to you, should penalties need to be imposed. Potentially, you could even avoid jail time.
In terms of probation violations in Texas, there can be severe consequences. In some cases, the consequence is simply a warning, while in others, the consequence can be incarceration or, in some cases, an extension of the probation term. The type of consequence will depend on the seriousness of the violation and the example’s history. If you have been accused of violating your probation, it is important to obtain legal counsel. An experienced legal counselor will work hard to protect your rights and try to keep you from being incarcerated.
