What is Probation Like?
Not everyone who is convicted of a crime will go to jail. This is because Texas courts offer many legal alternatives to incarceration, such as probation. Also known as community supervision, probation is a system that allows those who have been convicted of criminal offenses to avoid jail time and to instead serve their sentences under court supervision while resuming their former lives. This system allows probationers to keep their jobs, financially support their families, and avoid the stresses and trauma that can attend spending time in jail, as long as they adhere strictly to the conditions imposed by the court.
Types of Probation
There are two main types of court-supervised probation in Texas, including:
- Regular, or straight, probation, where a person is allowed to serve his or her sentence under community supervision after being convicted; and
- Deferred adjudication, wherein a judge finds there is evidence to convict the defendant but defers a finding of guilt.
Although these forms of probation differ in that one involves a conviction for a crime and the other, a dismissal of charges, they both require that a probationer comply with strict conditions in lieu of jail time.
How Does Probation Work?
In Texas, a judge or jury can grant probation in lieu of a jail sentence. Generally, this is more likely to occur in cases that involve non-violent offenses or when the person doesn’t have a prior criminal history. Once probation is granted, an individual must agree to adhere to specific conditions in exchange for his or her release. These conditions include:
- Regular check-ins and appointments with a probation officer;
- Completing a predetermined number of community service hours;
- Undergoing random drug and alcohol testing;
- Maintaining employment;
- Paying court fees and fines; and
- Complying with travel restrictions unless given court approval in advance.
The terms of probation may also be tailored to the specific nature of the case. For instance, if the offense is alcohol related, a judge may require that the probationer attend counseling for addiction and refrain from ingesting any alcohol during the term of probation.
The Consequences of Violating Probation
The probation laws in Texas can be strict, with stringent conditions imposed in an effort to ensure accountability, so even minor violations could result in harsh penalties, such as:
- The imposition of more stringent probation terms;
- The assessment of additional length of probation; and
- The revocation of probation and incarceration.
The best way to avoid these kinds or penalties is to strictly abide by the terms of probation as ordered by the court.
The Legal Representation You Deserve
Having legal guidance can make all the difference when it comes to probation cases. For instance, an experienced lawyer can advocate on a defendant’s behalf, arguing for a more lenient sentence and ensuring that a probationer doesn’t violate the terms of probation by mistake. To learn more about the ins and outs of probation in Texas, please contact the experienced San Marcos and Hays County, Texas criminal defense lawyers at The Law Offices of David C. Hardaway. You can reach us at 512-805-6613 or by completing one of our online contact forms.
Source:
statutes.capitol.texas.gov/docs/CR/htm/CR.42A.htm