It’s no secret that Texas takes a hardline approach to criminal justice. And if you fail to follow court orders, you could face serious consequences. But what happens if you violate probation in TX?
If you were given probation instead of jail time, the court feels as though it just gave you a pass, with some strings attached. Violating the terms of your agreement with them will it much harder to convince them to do it again.
That being said, probation violations are criminal hearings, and an experienced Fort Worth TX criminal defense attorney at Hoeller & McLaughlin, PLLC can help you develop a defense strategy.
What Are the Different Types of Probation in Texas?
Texas law recognizes two types of probation:
- Deferred adjudication: This is where the court offers you a second chance based on the probability that you are convicted but you’re not. Violating this kind of probation is serious because the court feels like it’s given you a second chance. There isn’t much likelihood that they’ll extend you a third. If you abide by the terms of your probation, the charges against you will be dismissed. If you don’t, not only will you be charged with the original crime, but you will also be charged with whatever other crime you’re accused of that triggered the violation.
- Straight probation: Straight probation occurs after you already have a conviction on your record. You may have your sentence reduced as part of the terms of a plea bargain or you may qualify for early release.
What Counts as a Probation Violation?
If you are on probation, you are required to make timely payments to the court. You also face restrictions on travel among other things. And simply failing to check in with your probation officer qualifies as a violation.
For example, the court may require someone who has been convicted of a drug offense to undergo addiction counseling and rehab. If that individual shirks their responsibility under the terms of their probation, the court will subsequently find them in violation of the terms of their probation.
Regardless of the crime you’ve committed, you are typically required to pass drug tests. Failing to pass a drug test is one of the most common reasons for a violation.
What Happens If You Violate Probation in TX?
In some cases, you may simply be issued a warning. But you don’t want to count on that. It’s up to the discretion of the probation officer and often comes down to their workload.
In many cases, the probation officer will file a motion to revoke or adjudicate your probation, depending on the type of probation you’re on. The state attorneys will then have to prove that you committed the probation violation. You are entitled to have an attorney represent you during the hearing.
The probation officer will supply evidence and testimony at the hearing. This evidence can come from your social media posts, drug tests, or simply just your interactions. If proven guilty, the court may:
- Revoke your probation entirely,
- Extend your probation, or
- Require you to serve some jail time.
Talk to a Fort Worth TX Probation Violation Attorney Today
If you’ve been accused of a probation violation, it’s important to understand your legal rights. Hoeller & McLaughlin, PLLC can help you understand what happens if you violate probation in TX, represent your interests at a hearing, and help you develop a solid defense. Contact us today to learn more.