Probation Violations and Potential Consequences in Texas

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While probation is by no means a breeze, it does provide you with the opportunity to stay out of jail or prison and to serve your time on the outside, which many liken to a second chance. If you are on probation, remaining in compliance with each of the restrictions and requirements imposed is key to successfully completing your probation and moving on with your life.

Probation violations can land you in serious trouble and can potentially send you back to jail or prison to complete your full sentence, which – if you’re facing a probation violation charge – makes reaching out for the skilled legal guidance of an experienced Round Rock criminal defense attorney paramount.

Technical Probation Violations

In the State of Texas, probation violations are divided into technical and substantive violations, and understanding the difference between the two is important. Technical violations are the most common, and they refer to failing to abide by a specific rule of your probation rather than committing another crime while on probation.

For example, most people on probation are required to report to their probation officer on a regular basis, and failure to do so – when you have no reasonable explanation for not showing up – is considered a technical violation.

The kinds of limitations imposed on those who are on probation include all the following:

  • Restrictions related to travel

  • Reporting requirements

  • Requirements related to informing one’s probation officer of any address or job changes

  • Requirements related to not possessing firearms, attending counseling or treatment programs, and allowing drug tests to be performed

  • Community service requirements

  • Requirements related to paying restitution to victims and court-ordered fines

  • Requirements related to geographic restrictions, not drinking or using illegal drugs, and avoiding the criminal element

Understanding the terms of your probation is essential to avoiding technical violations. If you commit a technical violation, the judge has the discretion to issue a warning, extend your probation beyond the original term, or incarcerate you for the remainder of your sentence. Taking any warning seriously is crucial to avoid harsher consequences.

Having an experienced Round Rock criminal defense lawyer on your side can significantly impact how your case is resolved—and, ultimately, your future.

Substantive Probation Violations

Substantive probation violations are an even more serious matter than technical violations, and they apply when those on probation commit new crimes that they could be charged for even if they weren’t on probation.

The charge itself can be a minor misdemeanor, such as shoplifting something of little value, or a major felony, such as sexual assault, but regardless of the charge, it’s considered a substantive probation violation, and the legal impact can be considerably more substantial.

Substantive Violations Lead to Two Legal Concerns

When someone on probation commits a substantive violation in Texas, they face two legal concerns that include the effect it will have on their probation terms and the criminal charge itself. Often, this involves being tried for the new crime, which is also a probation violation that comes with legal consequences of its own.

When Texas courts hand down probation terms, they expect recipients to play by the rules in exchange for the opportunity they’ve been awarded. When someone on probation fails to comply, it tends to send a message to the court that they aren’t taking the matter as seriously as they should, which can potentially prompt swift legal action.

The Probation Violation Hearing

If you do commit a substantive probation violation, your probation officer will likely file a violation report with the court, which will lead to a probation violation hearing that you’ll be required to attend. Here, the judge will carefully consider the evidence regarding the crime you’ve been charged with to determine if it amounts to a violation of your probation.

Even if you’re not ultimately found guilty of the charge in question, you could still be found in violation of your probation terms, which can lead to harsh consequences.

If the charge supports a substantive violation, the judge can increase the length of your probation, impose harsher restrictions, or send you to jail or prison to serve the sentence you would have received had probation not been ordered in the first place.

The Process

Probation violation hearings are far less structured than criminal hearings. The only requirement in a probation violation hearing is that the judge determines it is more likely than not that the individual violated their probation, which is a low legal bar.

The judge will make their decision based on the evidence presented, which can include the defendant’s testimony as well as the testimony of character witnesses.

The Outcome

In some situations, the judge will allow the person on probation a second second-chance, but in others, they take much harsher actions. If the violation itself was quite serious or if the person on probation is a habitual offender, the possibility of spending time behind bars becomes far more likely.

Other options include extending the length of the probation period, tightening up the related requirements, or both.

The Charge of Absconding from Probation

One of the most serious probation violations is absconding, which refers to completely removing oneself from the probation process and simply disappearing.

For example, when someone on probation skips all the meetings that they’re required to attend with their probation officer, moves and changes jobs without informing the authorities, or leaves the state without obtaining the necessary permission to do so, they commit the violation of absconding.

The Message that Absconding Sends

Absconding is considered an attempt to avoid paying one’s dues to society and to escape supervision, and it’s a serious legal offense. When a person who is on probation follows the rules set for them, they show the court that they’re interested in putting their legal problems behind them and becoming a law-abiding citizen who is a benefit to society.

When the person, instead, absconds, there is a very real risk that they could put others in danger or that they could commit additional crimes, which the state must take action against.

The Penalties Faced

The State of Texas takes speedy action in the face of absconding. Once a probation officer determines that one of their clients has exited the probation process, they notify the court, which leads to a warrant for the person’s arrest. From here, the police can arrest them at any time.

Once caught, the person who absconded can face very harsh penalties, which can include serving the entire sentence they originally faced – rather than the amount of time that is left on their sentence after the probation served is subtracted. New charges related to failing to uphold their probation requirements can also apply.

When probation violations arise, quick action is key. Reach out to a Round Rock criminal defense attorney to safeguard your future.

Early Termination of Probation

When it comes to probation, violations aren’t the only issue. There is also the possibility of early termination, which can be a real bonus. Early termination is available only for those who have successfully completed a specific percentage of their original terms – meeting all the conditions along the way.

This is a worthy goal for those who are committed to the process and who do what it takes to remain on the right side of the law. While early termination of probation is left to the discretion of the presiding judge in each unique case, carefully adhering to the rules and regulations that apply to your probation is the surest means of demonstrating your eligibility.

The Criteria for Early Termination Eligibility

To be eligible for early termination of probation in the State of Texas, you must have paid all your required fines, attended all your required classes, and met with your counselor as mandated by the terms of your probation.

In addition, the probation sentence you’re serving can’t be for driving while intoxicated (DWI) or an offense that is related to DWI. Finally, you must have served at least a third of your probation period if it was less than six years total and must have served at least two years if your probation period was for a total of six years or more.

Not every criminal offense qualifies for early probation termination in Texas, and – as mentioned – the final decision is in the hands of the presiding judge.

FAQ

If you’re facing a probation violation charge, the answers to the questions that others in your shoes ask most often can help.

What is a probation violation?

There are two primary kinds of probation violations in Texas, including both statutory and substantive. A statutory violation is a failure to live up to the terms of your probation, and while it can lead to serious consequences, it is generally less serious than a substantive violation.

A substantive violation applies when the person on probation commits an additional crime. When this is the case, the individual faces penalties for the crime itself in addition to the consequences of violating their probation terms.

What are common probation violation terms?

The terms of your probation will be specific to your situation, but common terms include requirements that relate to checking in with a probation officer, to informing the probation officer about job and address changes, to abiding by travel restrictions, and to attending required counseling sessions, courses, or meetings.

Can I fight a claim of probation violation?

Yes, you can and should fight a claim that you violated the terms of your probation, and a knowledgeable criminal defense lawyer can help you with that. The consequences of a probation violation are too serious to ignore and could potentially land you behind bars.

How much evidence does the court need to determine that I’m in violation of my probation terms?

The legal standard when it comes to determining if someone has violated the terms of their probation is much lower than the standard employed at trial. In a court case, the jury must find you guilty beyond a reasonable doubt in order to convict you, which basically means that there is no reasonable explanation other than your guilt.

If, however, you are facing a probation violation, the matter is up to the presiding judge, and they only need what is called the preponderance of the evidence to find you in violation of your probation terms. This roughly translates to it being more likely than not that you did violate your terms.

Am I entitled to a jury trial for a probation violation?

No, in Texas, a probation violation is always heard by a judge – who is called upon to determine if there is more evidence to suggest that you did violate your probation terms than to suggest you didn’t. If the former is true, the violation will hold.

What consequences can I face for a probation violation?

The court has considerable discretion when it comes to the consequences it imposes for probation violations. Prime examples include all the following:

  • Tighter probation restrictions

  • A lengthier probation term

  • A requirement that you serve the remaining portion of your sentence behind bars – or that you serve your entire sentence behind bars without subtracting the time you’ve served on probation

The more serious the violation, the more serious the consequences you’ll encounter are likely to be. And if the violation was substantive, you can expect to face an additional charge for the relevant crime.

An Experienced Round Rock Criminal Defense Lawyer Is on Your Side

Brett Pritchard at The Law Office of Brett H. Pritchard is an accomplished Round Rock criminal defense attorney who tirelessly advocates for the rights of those facing probation violations and will do the same for you.

The benefits of maintaining your probation terms and of potentially earning early termination are too important to ignore, so please don’t hesitate to contact or call us at 254-781-4222 to schedule a free consultation and learn more about what we can do to help you today.

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