Probation is a common legal process meant to help criminals maintain their status as a functioning member of society. It allows them to stay with their family and continue working. People can make serious mistakes, and probation is one way to get their lives on track by honoring what the judge has required of them.
There are specific requirements for remaining on probation, such as meeting with a probation officer at specific, pre-arranged dates and times. These meetings are required, so keeping to the schedule is extremely important. Should a true emergency come up where it will be impossible to meet at the pre-arranged date, letting the probation officer know ahead of time that you won’t make your planned meeting time will often be looked upon favorably.
For anyone who doesn’t want a probation revocation process to start, it is imperative to follow all the rules. However, keep in mind that revoked probation in Texas is still at the discretion of the probation officer.
So, what is probation revocation?
What Is Probation Revocation in Texas?
If you have recently received a notice saying your probation was revoked in Texas or that there is a warrant out for your arrest, there are several common reasons that may be the cause. You may have committed a new offense, failed a mandatory drug test, failed to report to your probation officer, failed to finish required classes for drug/DWI offenses, or failed start or complete community service hours.
When your probation officer deems you haven’t fulfilled your requirements, they can choose to either give you a warning or begin the process to revoke probation. The decision is up to the probation officer. If he decides to go forth with probation revocation, he will file a motion to revoke probation with the courts. Once filed, an arrest warrant will be issued. A motion to revoke probation in Texas is serious and should be avoided at all costs. What happens when your probation is revoked?
What Happens When Your Probation is Revoked?
What does it mean when you get your probation revoked? First, you will be arrested for violating probation. When a person is arrested for violating the terms of their probation they can be released on bond, providing they only had a misdemeanor charge or had deferred adjudication on a felony charge. Those who have a regular felony charge will not be released on bond and will proceed straight to jail.
A probation revocation hearing is held in front of a judge. The State will try to prove what the probation officer alleged, or the person on probation can admit to what the officer stated. After that, what happens in a probation revocation hearing is largely up to the judge. The judge can either put the person back in jail or give them another type of less severe judgement, such as: paying a fine, increasing the length of the probation, require counseling or other such judgements.
Probation Revocation Process in Texas
What happens when your probation gets revoked and you get jail time? It is up to the judge how much time you will spend incarcerated, but the time will not be longer than the originally sentenced jail term. So, if the initial jail term was set at 60 days, the judge can only ask you to serve between one and 60 days.
What happens when probation is revoked? This is strongly determined by what happens at the hearing. The best-case scenario is to have someone there who represents your interests, much like the probation officer is representing the State. A knowledgeable, experienced lawyer can help you fight to stay out of jail and continue on with your probation. It can be easy to make mistakes during your probation, such as missing an appointment or forgetting a drug screening. Why go back to jail if you don’t have to?
Let a qualified criminal defense attorney in Houston fight for your freedom. Contact the Law Offices of Kretzer and Volberding P.C. today to schedule a consultation regarding your probation revocation.