In Texas, if a person has been put under probation, they must obey a strict set of regulations. A probation violation happens when these regulations are not adhered to. A probation violation can mean the probation being canceled and the person can end up in jail.
Probation can be violated in a variety of ways. One of the most common ways to violate probation, is failure to provide information and meet with your probation officer. If you move, you must report a change of address and get approval to move from your probation officer. In addition, if required under the terms of your probation, you must submit drug and urinalysis tests. Further, it is required you report to the probation officer at certain times in your probation period. Probation is also violated if you fail to attend court, fail to attend your alcohol education classes, and/or fail to make compensation payments to the victims, if required by the judge. Finally, probation can be most easily be violated, if you possess illegal substances and/or commit another crime.
When you violate probation, you will first be given a probation violation hearing. At the probation hearing, you will have the opportunity to present your case. The prosecutor will have to prove beyond a preponderance of the evidence that you violated your probation. This means that the prosecutor must show it was more likely than not that you violated your probation. Since the standard is more likely than not, there are times where a person is held to have violated probation even when he/she has been acquitted of a new charge. To speak to a Dallas DWI Attorney click here.
If it it determined at the probation violation hearing, that you have violated your probation you will be punished based on the severity of the violation. Your punishment can be anything from public service, fines, or community service to probation being terminated and/or time in jail. If probation is terminated, this will likely mean a jail sentence. Often in DWI cases, you may be given a deferred jail sentence. This means that as long as you do not violate probation you will not go to jail. However, if you do violate probation you will serve the sentence that the judge gave you at your DWI trial. This sentence may be up to one year if this is your second DWI, and up to 10 years if this is your third DWI conviction.
By Shannon Edwards