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State Bar of Texas

What Happens if I Get a New Charge While on Probation?

Jerry W. Tidwell, Jr.
What Happens If I Get a New Charge While on Probation?

If you are on probation, it’s understandable that you might be worried about being arrested again. Being arrested and receiving a new charge while on probation is a terrifying prospect, especially if it causes more legal and financial problems for you.

When you receive your order of probation from the court, it will spell out the conditions you’re required to adhere to. The failure to honor these could mean you are facing jail time and even more financial fines.

If you’ve been charged with a probation violation, you should contact an experienced criminal defense attorney for help.

New Charge While on Probation

When you are on probation and are arrested for a new crime, the courts don’t care whether you are guilty or not. The fact that you were arrested at all is going to trigger some consequences. In most cases, your probation order will contain a clause that says you must report an arrest within a specific amount of time. In general, it’s usually 48 hours. If you do not report to your probation officer as required, it’s a probation violation. The worst thing you can do is nothing.

What happens next is really up to the court’s discretion. They will look at a variety of factors, like how long you have been on probation and what the new charge is. The more serious the crime, the more penalties you may be facing.

Misdemeanor While on Probation

If the new charge is a misdemeanor offense, the probation officer has the discretion to decide how to handle it. Some of the factors that go into deciding whether or not to file a petition to revoke your probation include, but are not limited to:

  • What the new charge is;
  • Your behavior at the time of arrest;
  • Whether or not you were honest about the charge; and
  • Relation between the new arrest and the reason you’re on probation.

Felony Probation Violation

If you are charged with a felony while on probation, the officer may not have a choice except to file a petition to revoke your probation. Your attorney might be able to arrange for you to be released and help fight against any charges. If you are not convicted, there is a good chance your probation officer won’t revoke your probation.

The Importance of Hiring a Skilled Texas Criminal Defense Attorney

When it comes to new charges while you are on probation, timing is key. You may have a hearing scheduled within weeks of your arrest. Hiring an experienced and skilled Texas criminal defense attorney can make the difference on whether or not you are subject to additional legal consequences. Experienced criminal defense attorneys can help get bail awarded, or negotiate a deal with the district attorney who is prosecuting your case.

Your attorney will help you understand what legal consequences you are facing and what the differences could be if you are charged with a felony versus a misdemeanor. If you’ve been arrested for a crime and you are on probation, contact the criminal defense attorneys at Tidwell Law Firm, PLLC today to schedule a consultation right away.

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