What Is Considered A Violation Of Probation In Texas?
In Texas, a probation violation occurs when you fail to comply with any condition set by the Court. Common violations include:
- Missing scheduled check-ins with a probation officer
- Committing a new offense
- Failing to complete required community service
- Skipping court-ordered classes like anger management or drug treatment
Other violations may involve contacting a victim when prohibited or failing a drug test. Even a single violation can result in a warrant for your arrest. On top of this, the State may then seek to revoke your probation, potentially leading to jail or prison time.
How Do I Know If I’ve Violated The Terms Of My Probation?
In most cases, your probation officer will notify you if you have violated your probation. However, you should also be aware of your own compliance. If probation requires you to do something and you fail to do it such as missing a meeting, failing a drug test, or getting arrested for a new offense you are at risk of a violation.
Probation officers generally have discretion in handling violations. They may impose alternative penalties, such as community service or short jail time, or they may recommend revocation to the judge, which could result in your arrest. If it is a relatively minor violation, the probation officer will most likely assess a small punishment but keep everything else the same. If it is the same repeated violation or if you are arrested for a new offense, the probation officer will most likely refer it to the State and Judge to handle it and probably try to revoke your probation.
Some people are even taken into custody without prior notice when attending routine probation meetings. To avoid these rather dramatic surprises, stay in communication with your probation officer and comply with all requirements.
What Are Possible Consequences Of Violating My Probation In Texas?
Violating probation in Texas can lead to a range of consequences, depending on the severity and frequency of the violation. Probation officers typically follow a system of progressive sanctions, starting with verbal warnings or additional community service hours. More serious violations, such as repeated noncompliance or committing a new offense, can result in jail time or a warrant for your arrest.
If the case goes to court, the State only needs to prove by a preponderance of the evidence that you violated at least one probation condition. If found in violation, the Judge can revoke your probation and impose jail or prison time, depending on whether you pled to a misdemeanor or a felony, and whether you pled to “Deferred Adjudication Probation” or “Straight Probation”.
For those on deferred adjudication, this could mean serving the full sentence. If on straight probation, you may face the maximum time agreed to in your original plea. Bond may or may not be granted, meaning you could wait in jail for weeks before a hearing.
Jonathan Lowe of The Lowe Law Office, PLLC, has successfully defended clients facing probation violations across Texas, helping them avoid revocation and minimize penalties. With extensive experience in criminal defense, he understands how to negotiate with probation officers and prosecutors to protect your freedom. His firm has helped clients correct missteps, challenge unfair allegations, secure second chances, and more.
If you're facing a probation violation, don’t wait contact The Lowe Law Office, PLLC. today to protect your rights and fight for the best possible outcome.
Can I Get A Second Chance If I Violate My Probation?
Second chances are possible if you violate probation, but whether or not you actually get one depends on the nature of the violation you’ve committed. Courts prioritize rehabilitation, and if a prosecutor is willing to offer probation initially, they may be open to working with you after a minor violation, such as a single positive drug test.
On the other hand, committing a new crime while on probation significantly increases the risk of revocation, especially if the new offense is serious. The severity of the violation plays a key role in how the Judge responds. This is just another reason why having an attorney to advocate on your behalf is so important.
How Can An Attorney Help Reduce The Penalties For Violating Probation?
An attorney can help reduce penalties for a probation violation by negotiating alternatives to revocation, such as additional community service, a short jail stay, or other corrective measures.
They can also advocate on your behalf with the probation officer, prosecutor, and judge, especially if you’ve had a strained relationship with your probation officer. If multiple violations or serious offenses are involved, an attorney can work to minimize jail time and seek the best possible resolution to keep you out of prison.
What Are Common Probation Violations? How Do You Help Your Clients Mitigate Their Consequences?
The most common probation violations include:
- Failing to report
- Testing positive for drugs
- Missing court-ordered classes
- Getting arrested for new offenses
How I help my clients mitigate the consequences depends on whether it’s a first-time or repeated violation and the severity of the underlying charge. A misdemeanor violation is handled differently than one related to a violent felony.
It isn’t unheard of for attorneys to advise proactive steps like completing community service, gathering character references, or preparing witnesses to argue for keeping you on probation rather than facing harsher penalties while waiting for a court date.
Is It Safe To Say That Probation These Violations Tend To Be Due To Negligence?
Most probation violations indeed stem from negligence missing required classes, failing to report, skipping community service, or ignoring fines and fees. Those who take probation seriously, maintain good attendance, and cooperate with their probation officer usually succeed.
Those who ghost the Texas probation revocation process or treat it lightly often face revocation and even jail time in some situations. Courts do not view probation as a free pass and will enforce consequences if conditions aren’t met.
Still Have Questions? Ready To Get Started?
For more information on The Probation Process In Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 660-7601 today.
Jonathan Lowe of The Lowe Law Office, PLLC, has successfully defended clients facing probation violations across Texas, helping them avoid revocation and minimize penalties. With extensive experience in criminal defense, he understands how to negotiate with probation officers and prosecutors to protect your freedom. His firm has helped clients correct missteps, challenge unfair allegations, secure second chances, and more.
If you're facing a probation violation, don’t wait contact The Lowe Law Office, PLLC. today to protect your rights and fight for the best possible outcome.
