In Texas, “probation” is actually referred to as community supervision. If a person has been placed on community supervision, they must obey a strict set of regulations. A probation violation happens when a probationer is accused of violating one or more of the terms and conditions of probation. A probation violation can potentially lead to the probation being revoked and a jail sentence assessed.
Probation can be violated in a variety of ways. One of the most common ways is to fail to 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 to random drug and urinalysis tests. Further, it is required you report to the probation officer at certain times in your probation period – normally once a month. Probation is also violated if you fail to attend court-ordered classes or counseling, fail to pay your probation fees, court costs and fine and fail to perform community service hours that were assessed. Finally, probation can be violated if you are charged with committing another crime.
When you violate probation, you will be given the opportunity to schedule a revocation hearing. At the revocation hearing, you will have the opportunity to present your case. The prosecutor will have to prove by 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 to visit our homepage.
If the Judge determines at the revocation hearing that you have violated your probation, the Judge has several options. He/She may allow you to remain on community supervision but add additional terms and conditions or require you to spend some time in jail. On the other hand, the Judge may decide not to allow you to remain on probation and to sentence you to a term of confinement in jail.