TYPES OF PROBATION VIOLATIONS
Different actions can be considered a violation of probation, so being accused does not automatically mean you are facing prison or jail time. Take action early to avoid suffering potential consequences. Trust an experienced professional to help you make the right move.
Texas offers two types of probation:
(1) Deferred Adjudication Community Supervision (aka “deferred probation” or “deferred”); and
(2) Judicial Community supervision (aka “straight probation”).
Some Defendants are offered what is known as Deferred Adjudication Community Supervision, or Deferred Probation. If you accept deferred adjudication through a plea bargain, you must plead guilty to your criminal charge; however, although a judge will make an express finding that there was sufficient evidence to find you guilty, the Judge will defer a finding of guilt (conviction) and place you on community supervision for a certain period of time.
Deferred Adjudication has many advantages, particularly that if you successfully complete the deferred adjudication probation, you will ultimately receive a dismissal from the Court. At this point, you may be eligible to petition the court for an Order of Non-Disclosure, which can seal your criminal record and prevent government agencies from releasing your information to third parties.
If in the unfortunate event that the State feels that you violated any of the terms outlined in your deferred adjudication probation, the State will automatically file a document known as a “Motion to Adjudicate Guilt”, which allows the court to apply the full range of punishment for the defendant’s particular criminal offense and a final conviction on your permanent record.
Other Defendants are placed on what is known as Community Supervision, or Straight Probation. Straight Probation is much like deferred adjudication with respect to the terms and conditions. However, a major difference is that a defendant is found guilty of the crime charged and a definitive sentence is imposed. That sentence, however, is suspended, and the Defendant is then placed on probation for a specified period of time. Straight probation is a way to avoid jail time.
As with deferred adjudication, any violation of the terms and conditions outlined in your probation will jeopardize your future. In these situations, the State will automatically file a document known as a “Motion to Revoke Probation.” Should the Court find that you violated the terms and conditions of probation, and find that your probation should be revoked, the Court is limited to that definitive sentence previously imposed, which may include significant jail or prison time. While a judge may decide to give less time for the probation violation, he or she cannot exceed that original sentence. Straight probation is a way to avoid jail time.
Some common probation violations include:
- Missing an appointment or drug test
- Relocating without authorization
- Refusing to comply with court-ordered activities
- Committing another crime
- Testing positive for alcohol or drug use
- Failing to maintain schooling/employment
- Refusing to take court-ordered therapy/counseling
- Failing to stay in touch with your probation officer
PENALTIES FOR VIOLATING YOUR PROBATION
When you are placed on probation, you are advised of the conditions of that supervision. Violating any of the terms or conditions of probation, whether intentionally or by accident, could subject you to having your probation revoked. A judge will be asked to sign a warrant for your arrest and you may be kept in the County Jail pending the results of the violation hearing without bond. A judge has the authority to set bond, but the judge is not required to set a bond. Turnbull Legal Group can work with the court to either get a bond posted for a client or have the amount reduced if one is already in place.
Upon finding a probationer guilty of violating a condition of probation, a sentencing court may:
1. Continue probation without punishment for the violation.
2. Modify the conditions of probation or extend the period of probation.
3. Revoke probation and sentence the defendant on the underlying offense.
WARNING: If you recently violated the terms and conditions of your probation, chances are a warrant has already been issued for your arrest. For this reason, and the reasons listed above, you must contact Turnbull Legal Group today. We have the resources and skills to assist you and to determine whether a warrant has been issued. Since probation is considered a privilege, courts take violations very seriously. You can rely on Turnbull Legal Group probation violation lawyers to represent your best interests and aggressively defend your rights.