What Happens When You Violate Probation in Texas?

 Posted on October 20, 2023 in Criminal Defense

Violating your probation terms in Texas has consequences, and the severity will have different factors. Probation grants community supervision instead of jail on condition you follow strict rules. Not following those rules adds penalties. Understanding the process is vital to ensure you follow what you are supposed to do, along with what you should do if you violate your probation. A Texas lawyer can help you understand more of these rules or what to do if you mess up on the rules.

Probation is Like a Second Chance

Probation offers a second chance. It allows you to serve your sentence supervised within society. However, freedom depends on closely obeying all probation requirements laid out by the judge. These often include regular check-ins with your probation officer, maintaining work or education, completing counseling programs and drug tests, adhering to activity restrictions, and performing community service.

Strict compliance demonstrates your determination to become a productive, law-abiding citizen again. However, violations contradict that goal, which can lead to penalties.

The Violation Process in Texas

If you breach probation terms, your supervision officer documents how you violated conditions in a sworn affidavit submitted to the court. Common violations include:

• Missing scheduled meetings with your probation officer or being unreachable
• Failing to pass court-ordered drug tests or attempting to falsify results
• Not completing mandated counseling programs such as anger management
• Traveling outside permitted geographic areas without authorization
• Getting arrested or convicted for new crimes during probation

Once your violation is alleged, a judge hears your probation violation case at a court hearing where you answer to accusations. Your lawyer can argue against revocation, but it is up to the court and judge to decide what happens.

Potential Consequences of Violating Probation

Judges exercise discretion when sanctioning violations based on circumstances. Possibilities range from verbal warnings and increased probation restrictions to community service, jail time, full revocation with prison time, or reinstating your original suspended sentence.

For unintentional minor issues like being late to an appointment, sanctions like tightened probation terms may be light. Willful, serious breaches often carry much harsher penalties. Violations demonstrate resistance to rehabilitation, undermining the premise of probation.

Contact a Denton County, TX Criminal Defense Lawyer

You should not try to navigate this type of case yourself. Working with a Cooke County, TX attorney can help with the best potential outcome. There is a lot of legal jargon to know, and having legal representation on your side is beneficial. Call Magaña & Van Dyke at 940-382-1976 for a free consultation.