If you violate your probation in Texas, you can face serious consequences. The prosecution will typically move a probation revocation case which begins with either a Motion to Revoke Probation, or a Motion to Adjudicate if the defendant is on deferred adjudication.
There is a range of reasons why probation in Texas can be violated.
Before dealing with violations of probation, you should be clear what probation means. Probation is the suspension of a custodial sentence. It allows a defendant who is convicted of a crime to remain in the community instead of being incarcerated.
Probation requires the defendant to follow rules imposed by the court and conditions. You will be under the supervision of a probation officer and will likely have regularly scheduled meetings.
Typical conditions of probation include performing civic duties under a community service order, meeting with a probation officer regularly, refraining from using illicit drugs or large quantities of alcohol, avoiding certain locations and associates, and appearing in court at requested times.
The prosecution may seek a probation revocation if it receives evidence that you violated the terms of your probation.
The most common reasons for a probation revocation include:
A motion for probation revocation lists the alleged violations of probation. An arrest warrant will be issued.
The prosecution must prove you violated the terms of your probation, by presenting unambiguous and convincing evidence. It’s a lower standard than beyond reasonable doubt, the standard in criminal trials. It can also be easier to convince the state to drop a probation violation charge.
There’s no hard and fast rule about what happens if you violate your probation. There are no guaranteed second chances. However, if you commit another offense, your chances of remaining in probation are a lot lower if you failed to pay a fine or did not to complete your community service.
If you commit a drug violation, you may end up imprisoned on a 12-month mandatory term at a state or county rehabilitation facility. You may end up in a secure facility.
At the Medlin Law Firm, we handle all aspects of criminal law. Call our Fort Worth criminal defense lawyer today.