If you’ve been granted probation, you have the opportunity to finish your sentence at home, with more freedom than you’d have while incarcerated. However, the court requires you to abide by a list of strict rules during this time period. If you violate your probation in Texas, you may suffer consequences like probation revocation. Here’s why it’s so important to abide by the court’s rules.
Two types of Texas probation
Texas has two different types of probation. The first is “straight” probation, which occurs when you’ve already been convicted of a crime. This is the most common type of probation.
The second type of probation is deferred adjudication. If you successfully complete the program, the charges against you will be dismissed. The idea is to offer people (especially first-time offenders) a second chance to get themselves back on the straight and narrow.
How probation can be violated
Probation violations depend on the conditions of your release. All people on probation are expected to stay on the right side of the law while out on probation, but you may have additional restrictions in your particular case. For example, some courts may restrict you from drinking alcohol or using drugs, visiting certain locations or seeing specific people.
The court may also have given you affirmative duties (things you need to do in order to stay out of jail). These often include check-ins with your parole officer and regular drug and alcohol tests, or community service and rehab programs. If you fail to perform these duties, it’s considered a probation violation.
Consequences of a probation violation
Consequences of violating probation in Texas can vary. In minor cases, you might get a stern warning—especially if the probation officer is overloaded. The more severe the violation, however, the more likely it is that you’ll be required to appear in court.
If you’re summoned to court, the prosecutor will likely present evidence of your violation. This could be anything from social media evidence to statements from your probation officer and witnesses. If you’re found guilty, your probation may be revoked. That means you’ll serve more jail time, and may face additional charges.
Your probation hearing is not like a regular court trial. The prosecuting attorney is not required to prove your case beyond a reasonable doubt. Instead, the standard of proof is “preponderance of the evidence,” which means if a judge thinks it’s more likely than not that you committed a probation violation, you will be found guilty. There are no juries involved.
However, you can work with a criminal defense attorney for this hearing. If you’re accused of a probation violation, they’ll be able to advocate on your behalf. This may help lessen your sentence or prove that you didn’t commit a violation.
Now that you know what counts as a probation violation in Angleton, TX, you can do your best to stay out of jail.
To work with experienced bail bonds agents to secure your release while you await trial, call Brazoria County Bail Bonds today.