For many Texans who are accused of crimes, probation is an attractive alternative to incarceration. Probation can be a good way for you to remain engaged in the productive things that you were doing in your community prior to being charged with a crime – as long as you follow the rules. Each individual who is on probation has a probation agreement that is designed to help them avoid getting into trouble with the law again. Some common provisions that are included in many probation agreements are abstinence from alcohol and substance use and meeting regularly with a probation officer. Understanding the terms of your probation agreement and abiding by them really is the only way to make probation work well for you.
Since following the rules of your probation is so important, keep a copy of your probation agreement where you can easily reference it. Also, build a strong relationship with your probation officer because they can be a good source of information and support during your probation. If you have a question about whether something that you would like to do, such as visiting friends or family out of state for the holidays, would be a violation of your probation, ask your probation officer about it before doing it.
If something occurs and you are thought to have violated your probation, Sections 521.295 and 521.296 of the Texas Code of Criminal Procedure specify that a hearing will be held with the purpose of determining whether you did in fact violate one or more terms of your probation. Information that will be discussed at the hearing is not strictly limited to whether or not you violated your probation agreement, the nature of your violation, the seriousness of your violation, and whether this is your first violation or a subsequent violation all weigh on the outcome of the hearing.
The outcome of your violation of probation hearing will dictate whether some or all of the consequences for violation of probation that were set forth at your original probation hearing will take effect. One possible outcome is that you walk away from the hearing with a warning. This outcome is more likely for first-time violators whose violations are not serious. Some violations, such as those for using drugs or alcohol or engaging in prohibited activities may indicate that you need additional support in order to successfully comply with your probation agreement. If this is the case, you may be ordered to attend a drug or alcohol treatment program, or to attend counseling. If you are found to have violated probation, you may also be ordered to perform a specific amount of community service or to pay a fine. Unfortunately, some violations of probation have very serious consequences including temporary jail time, an extension of the probation term, revocation of probation and confinement for the remainder of the term, or even new criminal charges if you committed a crime while violating probation.
Texas Criminal Defense Attorney Alex Tyra – Providing Texans with a Strong Defense
It is important that you be represented by an attorney at a violation of probation hearing. These hearings take place before a judge, and your attorney can present evidence and testimony from witnesses during the hearing. If you have been charged with violating probation, Texas Criminal Defense Attorney Alex Tyra may be able to help you. To learn more, please call our office today, at (903) 753-7499. Alternatively, you may contact us online.