What Is Probation? How Do You Violate It?
Probation, which in Texas is also known as community supervision, is an alternative to sentencing or to serving time in jail or in actual prison. While on probation, a person who has been either convicted of a crime or placed on deferred adjudication, one of the two forms of probation, they are allowed to continue living and working in the community instead of being sent to jail or to prison. Probation is usually reserved for first time offenders or defendants without much significant criminal history. Many defendants who are found guilty of an offense prefer to do probation rather than being sentenced to jail or doing time behind bars but probation is not for everybody. Probation typically comes with many restrictions and requirements.
Monthly reporting to your probation supervision officer, paying probation supervision fees, fines, completing community service restitution hours, paying restitution, and monitoring, which may include home arrest, home confinement, electronic monitoring, GPS tracking, or alcohol monitoring such as an ignition interlock device in your car or even an alcohol leg monitor. Almost every person who is put on probation is subjected to at least monthly drug testing by urinalysis, and some people are required to call in every day to see if they are going to be required on that particular day to report to the probation office for a drug test. Some offenders are not eligible for probation because of the type of offense that they are charged with or because of their criminal history. For example, if you are charged with a continuous sexual offense, probation may not be an option or if you have a prior felony conviction, you may not be eligible for probation.
When you are put on probation, you get a document which is called the conditions of your community supervision and this document sets forth the rules of your probation. If you violate any of these rules, you may be charged with violating your probation. If you are currently on probation or community supervision, you may be aware of how close you have come to being sentenced to a jail or how close a prison sentence may be in completely depriving you of your liberty.
If your probation officer becomes aware that you have violated any of the terms and conditions of your probation they may file a violation report with the court and ask the judge to issue a warrant for your violating your probation. For example, if you come up dirty on your drug test, or if you blow positive for alcohol on your ignition interlock device on your vehicle, or if you fail to report to your probation officer, this may result in your probation officer filing a violation report, the prosecutor filing a motion to revoke your probation, and with the judge issuing a warrant for your arrest. A report of the violation of your probation can put your freedom at risk. If you are concerned that a violation report may have been filed against you, you should contact an attorney to find out.
For more information on Probation And Violation Of Probation In Texas, A Free Case Evaluation is your next best step. Get the information and legal answers you are seeking by calling (512) 601-0009 today.
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