VIOLATION OF PROBATION
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There are two types of Probation – supervised and unsupervised. Probation allows the person to live within a certain jurisdiction and interact normally with the community while following the laws of society. Probation occurs prior to sentencing or jail time.
Supervised probation requires the defendant to report periodically to a probation or correctional officer. Violating your probation is viewed as a serious offense in Texas. As a defendant, if you are on probation, you have certain rights. It is imperative that you have a trusted attorney by your side, to check and see if you are still within your rights.
If you believe that you are being charged for violating your probation, call 713-DRUG LAW (378-4529) now to protect your future. We are here, ready and available to help defend your case.
The Court will move to adjudicate guilt and revoke your probation. The alleged violator will have to appear before a judge to discuss the probation violation. The State will have to show only a likelihood that the probation was violated without presenting real evidence. The defendant is allowed to negate the allegations brought by the State. The proceedings can be tricky and confusing. The defendant will do well to have an experienced attorney to represent him/her at these hearings. The state court will be careful not to tread on your toes or run over your rights if you have an attorney representing you.
In Texas, a judge has the authority to terminate probation early under certain circumstances. Judges do this at their own discretion, taking into account the severity of the offense, the defendant’s criminal history, conduct statements from the defendant’s probation officer, and the defendant’s work or living circumstances.
In order to qualify for an early termination, the defendant must:
complete a minimum of 1/3 of their probation or 2 years of their probation
pay all restitution, costs, court fees, and fines on time
complete all court-ordered treatment and counseling
fulfill all conditions of probation
not be convicted of any of the following crimes while on probation
Felony which involves a deadly weapon
Sexual Abuse of Young Child
First Degree Burglary with intent to commit certain sex crimes
First Degree Criminal Solicitation
First Degree Injury to a Child
Indecency with a Child
Manufacture or Delivery of a Controlled Substance Causing Death or Serious Bodily Injury
Murder, Capital Murder
Online Solicitation of a Minor
Possession or promotion of child pornography
Prohibited Sexual Conduct
Repeat offenses of Indecent Exposure
Sexual Assault, Aggravated Sexual Assault
Sexual Performance by a Child
Unlawful Restraint or Kidnapping of a child under 17
Criminal Attempt, Criminal Conspiracy, or Criminal Solicitation to commit any offense listed above.