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State Bar of Texas

What Happens if You Violate Probation in Texas?

Jerry W. Tidwell, Jr.
what happens if you violate probation

Violating probation in the State of Texas can come with serious repercussions.

The court feels as though it cut you some slack by sentencing you to a period of probation as opposed to incarceration. It will be difficult to convince them that they should continue cutting slack in light of the fact that you violated the terms of your agreement with them.

Ultimately, it is important to understand probation in general, what happens when you violate probation, and possible defenses to an allegation of probation violation.

If you have further questions, don’t hesitate to contact our criminal defense attorneys for professional assistance.

So what happens if you violate probation in Texas?

Your Probation Officer Believes You Have Violated Probation

Those on probation are required to make payments to the court and abide by a series of restrictions on their ability to travel among other things.

Much of this depends on the crime that they have been convicted of. For instance, those convicted of a drug offense may be required to partake in drug counseling. If they fail to go to their appointments, they could be charged with violating probation.

If you’re accused of committing a probation violation, your probation officer will file either a motion to revoke or a motion to adjudicate depending on what kind of probation you are on.

It will then be on the state attorneys to prove that you have violated your probation.

In this case, you are entitled to have a lawyer represent you. The attorneys at the Tidwell Law Firm have experience defending clients who have violated their probation in the State of Texas.

What Happens if You Violate Your Probation?

A judge can send you to jail even if you are on misdemeanor probation and even for minor infractions.

Typically, they will only do so when they feel your violation was flagrant and in contempt of the law. In other words, if it’s apparent that you knew what you were doing was a violation of your probation and you did it anyway, there may be no pleading your way out of it. Your only option will be to fight the charge that you did, in fact, violate probation.

In other cases, the violation may not be that serious.

For instance, some people on probation are expected to pay court costs. If these folks miss a payment because they cannot afford to make it, then the court may be more lenient in modifying their arrangement. It really depends on the nature of the violation and whether or not the violation was intentional or flagrant.

On that note, courts seldom tolerate those who violate their probation by not reporting to their probation officer.

They will send you to jail as a message that they are not fooling around. Again, that shows an open contempt for the justice system. Nonetheless, you may have a valid reason for missing an appointment.

A Texas probation violation attorney can help.

The Tidwell Law Firm Can Help You Fight a Motion to Revoke or Adjudicate

The experienced criminal defense attorneys at the Tidwell Law Firm can fight a motion to revoke or adjudicate your probation.

If you’re facing a jail sentence, please give us a call or contact us online early in the process so we can prepare your defense.

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