What is Probation?
If an individual is convicted of a crime, jail time is not the only option: being put on probation is another. It’s a form of supervision, which is why probation is often referred to as community supervision. It comes with many rules and terms that the individual must follow, and if they are not followed, the probation can be revoked and the individual can be sent to jail.
Probation rules in Texas can be rather strict, especially if the crime committed was a high-level crime.
How Does Probation in Texas Work?
Being put on probation as opposed to receiving jail time has many benefits, including cutting down on prison overcrowding, avoiding a traumatic jail experience, and having the ability to support one’s family and engage in the community.
The individual on probation, however, is on strict supervision and must follow all probation terms and guidelines until their probation sentence is over.
What are the Terms of Probation?
While specific terms can vary for different situations and different crimes, common probation restrictions include:
- Travel restrictions
- Mandatory meetings and communication with probation officer
- Community service
- Restitution payments to the victim
- Probation fees
- Court fees
- Drug or alcohol treatment classes
- Restriction from ingesting alcohol or illegal drugs
- Requesting approval before moving to a new residence
- Avoiding association or socialization with other criminals
- Regular drug tests
While probation may look differently for different individuals, the rules of a defendant’s probation is determined by several different factors. These factors include the nature and severity of the crime, if they have a prior conviction, and if they are financially supporting someone.
Some probation rules are active, meaning the probationer must do something, such as take a certain class. Other terms are passive, meaning all they have to do is refrain from a certain behavior, such as not break a law or take drugs.
What Happens if Probation is Violated?
If a probationer violates one of their probation’s terms, then the District Attorney can have the probation adjudicated or revoked. The court will review the probation terms, and if a violation was determined, then there will be an arrest warrant for the probationer. The defendant can then be arrested until a revocation hearing, where there is no jury. If no violation was determined, then the defendant will be released. If there was a violation, then the probation will either become more strict, or the defendant will go to jail.
How The Law Office of Jesse Hernandez Can Help
If you’re convicted of a crime and want to avoid serious punishment, the best thing you can do is contact our team. We are experienced, hard-hitting lawyers and will stop at nothing to help ensure your freedoms. If you’re in legal trouble and don’t know where to turn, our team is here to help. Contact our criminal defense attorneys in Austin today.
