The Seriousness of Probation Violations in Texas

 Posted on January 04, 2022 in Criminal Defense

Probation comes with many rules to follow. You may be required to meet regularly with a probation officer, perform community service, submit to random drug testing, or meet other requirements imposed by the court. There are numerous ways to violate the conditions of probation, ranging from minor technical violations to serious willful violations. The sanctions for a violation will depend heavily on the circumstances, including what type of violation was involved and whether you have prior violations

In the most severe cases, your probation could be revoked entirely, and you could be required to serve your full jail sentence. It is important that you are represented by an experienced attorney who can make the case that your violation does not warrant this type of consequence

What Are Some Less Serious Probation Violations? 

A minor technical violation probably will not lead to jail time, but it is important to tread carefully. Repeated violations, even of a minor nature, may result in increasingly harsh consequences if the court begins to believe that you are not taking your probation seriously. Less serious violations include: 

• Fees - Probation officers and courts may be understanding of probationers who have fallen behind on fees but are making an effort to pay. 
• Tickets - No new criminal charges is often a condition of probation. Minor traffic infractions, however, may not be considered very serious. 
• Curfew - If you have a curfew and miss it by accident, such as if your bus ran late, this may not be treated too harshly. However, repeatedly ignoring the curfew is a more substantial violation. 

Which Probation Violations Are More Serious in Texas?

The more serious probation violations often involve committing another crime. These more serious violations could lead to having your probation revoked: 

• Arrest - If you are arrested again while on probation, this will be taken very seriously. The more serious the second offense, the more likely you are to serve jail time for your original crime. 
• Not showing up - Failing to meet with your probation officer is seen almost like an escape. It suggests to the court that you will not comply with the terms of your supervision, and a warrant will almost certainly be issued. 
• Firearms - Possession of firearms by a probationer who was ordered not to have them is a serious violation. The court may feel that you are a danger to the community and should be incarcerated. 
• Drug test - Failing a drug or alcohol test, especially if your offense was alcohol or drug-related and you are supposed to be in addiction recovery, may be treated very seriously. 

If you may have committed one of these serious violations, you will need an aggressive attorney working to shield you from potentially very harsh consequences

Contact a Denton County Probation Violations Attorney

If you are concerned that you have violated your probation, contact Magaña & Van Dyke for assistance. Our experienced Denton County probation violation lawyers will present the strongest possible arguments in your defense. Call us at 940-382-1976 for a free consultation