The State of Texas takes probation violations seriously when they occur with an offender within their judicial system. When someone fails to follow court orders, the individual can expect to be punished. When an individual is released on the terms of probation, it is considered a second chance for the person to create a life and thrive on the outside of the prison or jail system. These conditions do typically come with some restrictions, but you are otherwise free to live your life outside of prison or jail.
When you violate probation and are accused of a probation violation charge, your freedom is truly in jeopardy, because there is a chance that you may return to the penal system without a chance to enjoy parole again in the future.
If you have been accused of violating probation in Austin, Texas, read on to find out how Austin Criminal Attorney James Gill can help fight your case.
Primary Terms of Probation in Texas
In order to comply with probation procedures as set forth by the Texas Code of Criminal Procedure, the following terms must be followed in order to stay in compliance:
- Regular reports to a probation officer
- Drug tests scheduled by the probation officer
- Random or unscheduled visits at home or workplace by the probation officer
- Community service
- Not committing another crime
- Counseling, rehabilitation, or other treatment programs
- Restitution to any victims
- Payment of all fines, court costs, and supervision fees
- Minimum jail sentence for probation.
Examples of Austin Probation Violations
Some individuals violate probation and are not aware that they have done anything wrong. Probation violations can include failing to check in with probation officers at scheduled appointments, being arrested again, failure to pass a drug test, failure to pay fines or perform community service or failure to maintain employment while released out on probation. Probation violations will depend on the specifics of each defendant’s case in Texas, but these violations are taken seriously by the probation authorities.
Types of Probation in Texas
There are two types of probation terms available in Texas. One is known as deferred adjudication. Successfully completing this type of probation typically means that your charges are dismissed. No further action is required of you if you don’t violate your probation in any way. The second type is called straight probation, which is when you found guilty by a Judge at sentencing but receive probation in lieu of going to jail. There is a set number of months/years one is required to abide by their rules for probation.
Motion to Revoke Probation in Texas
A motion to revoke probation, also known as a motion to adjudicate guilt, is a document filed by your probation officer when it is believed you have violated the terms of your probation. Based on this motion, if a judge determines you have broken your probation and decides to revoke its prior decision, you may be faced with all of the punishments from your original case.
Facing Violation of Probation in Texas?
If you or a loved one are facing a probation violation offense, it’s important to call and schedule a legal consultation with an experienced attorney as soon as possible.
Probation violations are serious offenses, and an attorney will be able to protect your rights in this situation. Don’t think that you will know the nuances of this law yourself, the laws are strict, and the punishments will be swift in these cases. You will need an attorney who is versed and knowledgeable in these types of cases. James Gill has countless years of experience defending those facing probation violations charges and other criminal charges in the State of Texas. Call his office today to schedule this consultation at 512-448-4560. The Law Offices of James Gill PLLC serves all of Austin, Westlake, Kyle, Buda, San Marcos, and the surrounding TX communities.