What Are the Penalties for Violating Probation in Texas?

Probation, also called community supervision in Texas, allows a person convicted of a crime to remain in the community while following specific court-ordered conditions. Violating those conditions can lead to serious consequences. Our Fort Worth criminal defense lawyers represent clients facing probation violations and work to protect their rights throughout the legal process.

Defining Probation

A judge can place someone on community supervision after a conviction or a guilty or nolo contendere plea. Probation can allow the person to remain in the community. However, this does not mean you are completely free of restrictions. 

While on probation, you must follow the conditions set by the court. These conditions can vary depending on the case but often include:

• Reporting to a probation officer
• Following the rules of the supervision departmen
• Allowing the supervision officer to visit the person’s home
• Avoiding new criminal offenses
• Completing treatment programs
• Paying restitution or fines
• Performing community service

How Texas Law Addresses Probation Violations

Under Texas Code of Criminal Procedure § 42A.751, if a person breaks a condition of their probation, the judge can issue a warrant for their arrest at any time while they are on probation. An officer can arrest the person, who then may be held in county jail.

An alleged violation does not automatically mean that a person will be sent to jail or prison. The court may consider the circumstances of the alleged violation and the available evidence before deciding how to proceed. 

After the person is arrested, they must be brought before the judge no later than 48 hours after the arrest. If the judge decides against releasing that person on bail, they can ask the judge for a hearing about the alleged probation violation. After hearing the evidence, the judge can decide to:

1. Continue probation under the existing conditions
2. Add or modify probation requirements
3. Extend the period of supervision, when permitted by law
4. Revoke probation altogether

If probation is revoked, the person can face the consequences of the original sentence, subject to the law. For this reason, responding promptly to an alleged violation is vital.

Examples of Conduct That May Lead to a Violation

Probation conditions are legally enforceable court orders. Failing to comply with those requirements can result in an alleged violation. For example, a person may face a probation violation allegation for:

• Missing a required meeting
• Failing a drug test
• Failing to complete court-ordered requirements
• Committing a new offense
• Failing to pay certain amounts required under the terms of supervision

However, not every allegation results in revocation. The circumstances surrounding the alleged violation can be important to the court’s decision. 

Work With Experienced Criminal Defense Counsel in Fort Worth, TX

The complexities of Texas law can be challenging to navigate alone. At the Law Office of Kyle Whitaker, our Fort Worth criminal defense attorneys have extensive experience working with clients who are dealing with the probation process in Texas. To schedule your case evaluation with our team, contact our office today by calling 817-332-7703 or by using our online contact form.