What Constitutes a Violation of Probation? What Happens If You Are Found to Have Violated the Terms of Your Probation?
Often, in lieu of sentencing you to a term in jail or prison, a judge will place you on probation, so that you can be a more productive member of society. While the terms of the probation will almost always require that you abstain from involvement in the types of activities that led to charges against you, probation can also impose restrictions on you in areas totally unrelated to the crime with which you were charged.
What Are Some of the Common Limitations Placed on Individuals by Probation?
It’s not uncommon for the terms established by the court to include:
- Restrictions on your ability to travel, often limiting you to your county or city of residence without approval of the court or your probation officer
- Regular drug and/or alcohol testing
- Payment of all fines and court costs associated with your prosecution
- Completion of community service and/or some type of diversionary program, such as substance abuse counseling
- Regular employment
- A prohibition on any involvement in illegal or criminal activity
Accordingly, you may be charged with violation of the terms of your probation for
- Quitting a job without cause
- Testing positive for the use of drugs or alcohol
- Traveling to another state or outside the geographic area set forth in the probation order
- Arrest or conviction for any criminal activity
- Failing to attend or complete community service or court-ordered rehab or counseling
What Are the Potential Consequences of Violating the Terms of Your Probation?
Your probation officer and the court generally have a fair amount of latitude when you are found to be in violation of probation:
- If it’s your first slip, your probation officer may let you off with a warning, though that’s not required. You can have your probation revoked for a single violation. A lot will depend on the relationship you have with your probation officer and the extent to which you have honored the terms of probation in the past.
- Your probation officer can always report the violation—As a general rule, if the probation officer reports your violation to the court, you can be arrested and required to appear at a probation hearing. The judge will take testimony and ultimately render a decision, which may take the form of a warning, but can result in the revocation of your probation.
- The judge may also extend the length of time you will be on probation or may add new requirements to the probation to ensure that you comply. For example, if you traveled somewhere you were not allowed to go, you may be required to wear some type of tracking device at all times.
- You could be incarcerated—Violation of the terms of probation can land you in jail, at the discretion of the judge
Contact the Proven Criminal Defense Lawyers at Bailey & Galyen
At the law office of Bailey & Galyen, we are committed to helping protect the rights of individuals who have been charged with any type of crime in Texas. We have a comprehensive knowledge and understanding of the Texas criminal laws, including the potential consequences of violating the terms of probation. We will work hard to ensure that your constitutional rights are protected. We offer a free initial consultation to every client.
To schedule an appointment with a knowledgeable and thorough criminal defense lawyer, contact us by e-mail or 844-402-2992 call our offices at one of the convenient locations listed below. We will take your call 24 hours a day, seven days a week.