Will You End Up in Jail for Violating Probation?

July 29th, 2022 by Tad Nelson in Probation

Violating the conditions of probation is a very serious accusation, and those out on probation need a Houston criminal defense attorney by their side. Depending on the probation you received, you could be sent to jail for years. To keep this from happening, contact Tad Nelson today and schedule a time to meet.

Common Probation Violations

Probation, also called “community supervision,” allows offenders to stay out of jail so long as they follow the terms or conditions of probation as set by the judge. Probation usually includes:

  • An agreement not to commit more crimes while on probation
  • Your agreement to follow other terms and conditions
  • The conditions will depend on the offense but typically include:
  • Taking alcohol education courses
  • Meeting regularly with your probation officer
  • Avoiding use of drugs or alcohol
  • Staying in the county or state limits
  • Performing community service
  • Maintaining employment or going to school

You are expected to follow all the conditions without fail. If you don’t, then a judge might revoke your probation.

Consequences of a Probation Violation

Texas has two types of community supervision:

  • Straight probation. You’ve been convicted of a crime, but the judge allows you out on community supervision instead of putting you in jail.
  • Deferred adjudication. After you plead guilty, the judge delays your conviction and dismisses it if you successfully complete probation.

The consequences of a violation will depend on which probation you are serving:

  • Straight probation. You’ll probably end up in jail to serve out the rest of your sentence.
  • Deferred adjudication. You will end up with the judge entering a guilty verdict and possibly imposing the maximum sentence for that crime.

Also, if you committed another crime while on probation, you can face criminal charges. Imagine you are on probation for a DWI arrest. While out, you rob a grocery store. You have not only violated your probation, but you probably will be charged with theft.

We Can Fight to Keep You Free

Defendants face an uphill climb trying to stay out of jail. For one thing, the prosecutor only needs to show a probation violation by a preponderance of the evidence. This is a lower standard than the one required for a criminal conviction (“proof beyond a reasonable doubt”).

If you’re picked up for a probation violation, you will either be held in jail awaiting your hearing or released on bond. You should hire a Houston criminal defense attorney immediately.

The argument we make to keep you out on probation will depend on the facts. For example, we might argue you didn’t violate the conditions of probation. Or we could argue any violation was purely accidental and minor—so minor that you shouldn’t end up in jail.

A judge doesn’t have to send you to jail for a violation. We can argue that your violation only warrants tightening the conditions of parole.

Contact Us Today

Tad Nelson and his team have helped many men and women with probation violations. Call the firm today to obtain the help you need.

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