Probation is a period of supervision over a criminal offender ordered by the court system instead of a prison or jail sentence. When an offender is released on probation, they have a chance to remain in the community and spend time with their family.
The criminal justice system recognizes that people can make serious mistakes, which is why offenders get a chance to stay out of jail as long as they obey all laws and follow all the terms and conditions of probation.
Under specific circumstances, probation can be revoked in Texas, especially if the offender violates the terms and conditions of their probation. If you are currently on probation and you are at risk of having your probation revoked, do not hesitate to contact a Gatesville criminal defense attorney.
When Can Your Probation Be Revoked?
As a general rule, you must follow all the terms and conditions of probation if you do not want your probation to be revoked. In Texas, the probation officer has the discretion to revoke an offender’s probation under certain circumstances.
A probation officer cannot revoke your probation for no reason. Reasons for revocation of probation vary, but the most common ones are:
1. Failure to pay fines and fees
When an offender is placed on probation, the court may order them to pay fines and fees. However, many offenders end up not paying the court-ordered fines and fees due to their inability to pay or simply because they forget to do so.
Failure to pay court-ordered fines and fees may result in a probation violation, which can lead to a revocation of probation.
2. Using drugs or consuming alcohol
Often, when an offender on probation has a history of drug or alcohol abuse, regular drug testing may be one of the conditions of their probation. A probationer may be required to submit to testing during their scheduled meetings with the probation officer.
If these tests show that you are using drugs or consuming alcohol, a positive test may prompt the probation officer to revoke your probation.
3. Committing a crime
Obeying state and federal laws is one of the most fundamental terms of probation. Thus, committing a new criminal offense that leads to a conviction may lead to a revocation of your probation. Do not hesitate to contact a criminal defense attorney if you have been arrested on suspicion of a crime while on probation.
What is a Motion to Revoke Probation in Texas?
If you are currently on probation and a district attorney filed a Motion to Revoke Probation, you may wonder, “What does it mean?” In Texas, this motion can be filed when the district attorney believes that the probationer has violated the terms and conditions of their probation.
When a probationer violates the terms and conditions of their probation, their probation officer will have two options:
If the violation is minor, the officer will deal with it on their own; or
If the violation is severe, the officer will report it to the district attorney’s office.
In the second scenario, a district attorney may file a Motion to Revoke Probation in an attempt to end the offender’s probation and impose all or part of the original suspended jail or prison sentence.
After the filing of the motion, the court will issue a warrant for the probationer’s arrest. Depending on the circumstances of your case, the court may set a bond. In addition, the court will schedule an initial appearance to decide whether or not to revoke your probation.
What to Do if There is a Warrant for Your Arrest While on Probation in Texas?
If you have been notified that your probation was revoked or a court has issued a warrant for your arrest, you need to speak with a lawyer right away. If there is a warrant for your arrest while on probation, it may be because you:
Committed a crime while on probation;
Tested positive for alcohol or drugs;
Failed to attend meetings with your probation officer;
Failed to complete mandatory community service hours; or
Violated other terms and conditions of your probation.
In the event of a probation violation, your probation officer may either give you a warning or initiate the probation revocation process. The probation officer has the discretionary authority to revoke probation in Texas.
Do not hesitate to contact a skilled criminal defense attorney as soon as you find out about a pending probation revocation action.
What Happens After a Revocation of Your Probation?
When probation is revoked, you may be sent to jail or prison. However, there is no guarantee that you will be ordered to serve time in jail/prison once your probation is revoked. You still have a chance to defend yourself to remain on probation. For this reason, it is advisable to contact an experienced criminal defense attorney to represent your best interests and challenge the possible revocation of your probation.
The first thing you may expect when a district attorney files a Motion to Revoke Probation is your arrest for violating the terms of your probation. When you are arrested for a probation violation, you may or may not be released on bond.
After your arrest, you will attend a hearing in front of a judge. During the hearing, the judge will have to decide whether or not to end your probation and send you to jail or prison. Alternatively, the judge may decide to increase the length of your probation, order you to pay fines, or impose another type of judgment instead of a prison sentence.
Consult with a Gatesville Criminal Defense Attorney
Schedule a consultation with our attorneys if you are at risk of getting your probation revoked in Texas. Our criminal defense lawyers at The Law Office of Brett H. Pritchard are committed to helping you avoid a probation revocation to keep you out of jail.
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Even if you violated the terms of your probation, you might still have a chance to remain on probation. Get a free case review to discuss your options by calling (254) 220-4225.