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Probation Violations

If an individual is convicted of a criminal offense or enters a plea on their case, the individual could be placed on Community Supervision, commonly known as probation. If a person's Community Supervision term comes to an end and all the requirements have been met, they are released from Community Supervision and face no additional punishment regarding that particular case. However, if a person violates their terms and conditions of Community Supervision, the State could file a Motion to Revoke Probation. This could potentially lead to additional punishment, including confinement.

COMMON COMMUNITY SUPERVISION TERMS IN TEXAS

When placed on probation, the person is allowed to continue their daily life without serving their sentence in jail. After the judgment is entered for the case and community supervision begins, the individual will be required to follow specific terms and conditions of probation. These terms and conditions vary. The requirements typically depend on the criminal offense, level of perceived risk, and a person's needs. However, there are a general set of terms and conditions for probation cases. These conditions include:

  • Not commit any other crimes;
  • Avoid injurious or vicious habits;
  • Refrain from the consumption of alcohol or any other illegal drugs or substances;
  • Meet with the assigned probation officer on a regular basis determined by the probation department;
  • Remain employed;
  • Stay within the county of residence unless authorized or working in a separate county
  • Random drug testing throughout probation term
  • Pay all fines, fees, court costs, and restitution (if any)

This is an abbreviated list of what probation terms and conditions may look like. In the event a person violates any of their terms and conditions, the State may file a "Motion to Revoke Community Supervision" or "Motion to Adjudicate Guilt and Revoke Community Supervision". The particular filing is dependent on the individual's Community Supervision, which typically falls under two categories: "Straight" Community Supervision and "Deferred Adjudication" Community Supervision.

MOTION TO REVOKE COMMUNITY SUPERVISION

If an individual was placed on "Straight" Community Supervision, they were convicted of the criminal offense and went on probation. After violating their terms and conditions of community supervision, the State may file a Motion to Revoke Community Supervision. At this time, the individual's case will likely be placed back on the criminal court's docket for routine settings to dispose of the case or in preparation for a Motion to Revoke Hearing in front of the judge in the particular court. The State will attempt to present a case, along with probation, to the Court explaining that the person violated probation. If any violation is found to be "True" the Court may revoke the individual's community supervision and sentenced them to a different punishment, which may include additional confinement.

MOTION TO ADJUDICATE GUILT & REVOKE COMMUNITY SUPERVISION

At times, a person is placed on Deferred Adjudication Community Supervision. When allowed by law and a Judge believes it is the best interest of society and the individual charged with a case, the Judge may, after receiving a plea, hearing the evidence, and finding that it substantiates the defendant's guilt, defer the criminal conviction and enter an adjudication of guilt, and place the defendant on community supervision. This conviction is set aside and if community supervision is successfully completed, the person will never be formally convicted of the criminal offense. If the person violates the terms and conditions of probation, the State may file a similar motion mentioned above to revoke a person's community supervision. The motion will also request the court to "adjudicate guilt" meaning the individual will be convicted of the criminal offense after a finding of "True" regarding the violations, along with the potential of additional punishment that may include confinement.

VIOLATION DEFENSE

Defense representation is important under these circumstances. Attorney Anthony Smith can provide criminal defense representation in all probation matters and hearings. Anthony will be committed in providing the best possible case for a client faced with a potential probation revocation. Contact the Law Office today to discuss your case. Anthony can be reached at 713-242-8917 or by using the contact form on this site.

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