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The Law in Texas: Probation Violations

In Texas, you may face serious penalties if you are charged with violating your probation or parole. If you have been arrested and have charges pending associated with violating your probation, contact a local attorney that has experience working in the Dallas area.

What Are the Different Types of Probation Violations in Texas?

In general, a probation violation has occurred when an individual strays from the various terms and conditions of the individual’s probation. Under the laws of Texas, a judge has broad discretion to impose any number of probationary terms in order to best serve the community and the individual himself.

In terms related to the individual, the conditions of probation may be meant to rehabilitate, punish, and/or reform. It is also within the judge’s discretion to change or modify the terms even after the probation has commenced.

Typical probation terms and conditions include the following:

  • Avoid any and all destructive habits;
  • Commit no illegal activity;
  • Avoid unsavory people or places;
  • Attend all dates and meetings with the supervision officer and follow the policies as outlined by the community supervision and corrections department;
  • Allow for visits to the residence to be made by the supervision officer;
  • Continue present employment, or continue a good faith effort of searching for employment;
  • Stay within the physical parameters as set by the court;
  • Pay any requisite fines;
  • Continue to support any dependents;
  • Attend any court ordered community-based program;
  • Participate in alcohol or drug testing when requested;
  • Attend educational or counseling programs related to alcohol or substance abuse;
  • If appropriate, engage in victim-defendant counseling;
  • Participate in any electronic monitoring administered by the court;
  • Pay any court-ordered compensation to the appropriate victims or related parties;
  • Pay back the proper law enforcement agency for services associated with evidence analysis or storage;
  • Make a one-time payment of no more than $50 to any state approved crime prevention organization; and
  • Participate in any requested DNA sampling that is to be administered by the Department of Public Safety.

After Probation has been Violated in Texas

If it is determined that one or more conditions of your probation has been violated, there will be immediate action by the courts.

First, your attendance will likely be requested in court and will be subject to time in jail or some other type of penalty. In some cases, the probation officer may choose not to summon you to appear in court and instead issue a warning. However, this determination is based on the probation officer’s discretion. The probation officer will consider the severity of the violation and whether a warning has been issued in the past when making his decision.

Next, if you are required to attend a hearing, the judge will hear the facts surrounding your case and will then determine whether a probation violation occurred. The burden of proof associated with probation violations is a preponderance of the evidence standard. This means that the prosecution must show that the probability of the defendant having violated his probation was more than 50%.

If you are found guilty by the judge of violating your probation, you will most likely incur penalties. The penalties associated with charges related to violating probation most often depend on a multitude of factors. These factors include the severity of the violation, whether any prior violations have occurred, and whether there are other events or details that may heighten or lessen the severity of the situation.

Generally, probation violations are punishable by having more probation terms imposed, extension of your current probation, jail time, or revocation of your probation. If your probation is revoked, you will be spending the rest of your original sentence in prison.

Call an Experienced Probation Violation Lawyer in Dallas, TX

Charges associated with parole or probation violations may prove to be quite serious and you may end up facing additional penalties. It is beneficial to you to contact a local Dallas attorney who can assist you with your legal needs and provide you with the proper defense.

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