Probation is a period of time where your jail or prison sentence is suspended while you live your life under restrictive rules imposed by the court. Instead of spending time incarcerated, you are allowed to be part of your community, live in your home, and possibly even be employed. However, the rules regarding probation can be strict, and if you violate your probation, either intentionally or unintentionally, it can have serious consequences regarding whether you will be required to go to jail or prison. Contact a probation lawyer in Mesquite from the Law Offices of Randall B. Isenberg at (214) 696-9253 to help you understand your probation conditions and your rights and help build your case if you have committed any probation violations.
Texas Probation Law
Texas law considers probation “community supervision” and allows this form of punishment in different types of offenses, according to the Texas Department of Criminal Justice. It is important to note that probation is not parole, which is when a person is released from prison or jail. Probation is an alternative to time in jail or prison for more minor offenses or those who have committed first offenses. Typically, daily life and work can continue. However, there are certain rules and restrictions that must be followed in order for the probation to continue and to ensure you do not go to jail or prison.
However, these probation rules and regulations must be followed exactly. If you violate your probation in Texas, you can be sent back to jail or prison, or even face additional charges by the state of Texas for a probation violation.
Types of Probation Violations
Each probation is slightly different and determined by the court according to your offense. However, if you violate any of the provisions of your probation, you may be removed from “community supervision” and likely placed in jail or prison. Some common types of violations of probation include the following:
- Committing another crime
- Leaving the state or county without permission
- Consuming alcohol or drugs
- Failing to submit to a substance abuse test
- Failing to maintain contact with your probation officer as required
- Failing to maintain employment
- Failing to perform assigned community service
- Failing to complete assigned educational programs
Types of Probation Violation Consequences
Texas law has two primary categories of probation under Texas Code Ch. 42A. How the court originally established your probation during your original case with the court will determine which category your probation falls under. A probation lawyer in Mesquite from the Law Offices of Randall B. Isenberg can help you understand your options.
In this type of probation, the Texas court decided to allow you to receive probation in lieu of convicting you of a criminal offense. The criminal charges are dropped against you at the end of a successful period of probation determined by the court. However, if you violate your probation in any way, then the state of Texas will file a motion to adjudicate. This hearing will determine whether your probation violation was serious enough to declare you guilty of the original criminal offense and then impose the maximum sentence possible.
This type of probation occurs when the court convicts you of the original offense, then agrees to suspend all or part of your sentence in lieu of probation. This type of probation is often referred to as “straight probation.” If you violate your probation in any way, the state of Texas will file a motion to revoke. This hearing will determine whether you will return to jail and serve the remainder of your sentence there.
The Law Offices of Randall B. Isenberg Will Fight for Your Legal Rights
If you are arrested for a probation violation, the court will schedule a hearing to make a determination regarding your case. The state of Texas may or may not release you on bond.
If you have violated probation, you still have legal rights. You may have violated probation unintentionally, or inadvertently. You have the right to enter a plea to respond to the allegation that you violated probation. You have the right to present evidence on your own behalf to defend your probation violation. You have the absolute right to be represented by legal counsel. If you have been accused of a probation violation, contact a probation lawyer in Mesquite from the Law Offices of Randall B. Isenberg at (214) 696-9253 to immediately help you defend your probation violation.