Avvo Rating Badge
State Bar of Texas

Probation Violation

probation violations texas

If you are charged with a crime, you will likely be on probation, or “community supervision” at some point.

Living your life under strict rules isn’t easy, but if you violate probation, there are consequences.

Community supervision (probation) is a double-edged punishment.

  1. A defendant can avoid confinement in either county jail or prison, but
  2. If the same defendant violates one of the many terms and conditions of community supervision, the State may seek to impose the confinement, or jail time, once avoided.

A violation does not have to be a new criminal offense; violations could include “technical” violations.

Probation violations in Texas can be serious. So what happens when you violate probation in Texas?

What Is Revocable Action?

A revocable action, or motion to revoke, is when you are punished for violating your probation/community supervision.

The State’s Motion to Revoke seeks only one outcome at the time of filing – to lock up the probationer.

Although a defendant on community supervision may have pled to the original criminal offense, they still have substantial rights in a revocation action. This is because of the risk of a loss of liberty.

Regardless of the ultimate outcome of a revocation hearing, a probationer will almost certainly spend some time in jail due to an arrest warrant in connection with the State’s Motion to Revoke or Petition to Adjudicate.

Punishments for Probation Violations in Texas

Probation Revocations are serious threats to a probationer’s liberty.

First, if the probationer received “Deferred Adjudication” community supervision, the probationer is exposed to the full range of punishment of the original criminal offense. This is in contrast to a “straight” community supervision revocation, which is limited to the original plea bargain. Furthermore, a revoked “deferred adjudication” community supervision results in a final conviction, even if the probationer avoids confinement.

Second, a probationer does not receive “good time” for the period of a successful probation. Suppose a criminal defendant pled a DWI to 1-year community supervision, successfully completed 11 months of that probation period, and then had a violation in the 12th month. The State’s Motion to Revoke would only allege the violation, and seek imposition of the original sentence.

It is because of these circumstances that a probationer would benefit from an experienced criminal defense attorney representing them in Probation Revocation actions.

If you need the assistance of an experienced divorce lawyer or a criminal defense lawyer, please contact The Tidwell Law Firm.

Contact the Tidwell Law Firm Today

probation violations texas

We are dedicated to providing quality legal representation to clients throughout the Dallas / Fort Worth (DFW) metroplex, including Dallas, Collin, Tarrant and Denton counties (Plano, McKinney, Allen, Arlington, Richardson, Carrollton, Grand Prarie, Irving, Southlake, Coppell, etc).

Contact the Tidwell Law Firm today.

Client Reviews

I needed legal advice for a child custody dispute and had spoken with a few lawyers in order to gauge expenses and commitment requirements for legal action. Most of the lawyers I spoke with heard my situation and dismissed it going to be easy. One of the larger law groups not taking clients referred...

William C.

I used Jerry Tidwell as the representing lawyer for two family law cases: my divorce and subsequent modification to child possession schedule. In each situation, Jerry took the time to listen to my concerns, care-abouts, and the facts of the matter – helping me formulate a plan going into mediation...

Karl Y.

Having to deal with the complex world of criminal cases, you will need the best legal representation on your side. Attorney Jerry Tidwell Jr. is that lawyer who knows his craft and always on the side of truth, justice, and fair play. Our family is so blessed to have him as our counsel in the most...

Joseph B.

Jerry has been amazing to work with and fights for you in every legal way possible while being completely open and honest throughout the entire process. I highly recommend Jerry for any legal matter you may face. If Jerry feels your case may require additional council, he will tell you straight and...

Charles J.
Fill out the contact form or call us at 972-234-8208 to
schedule your free consultation.

Leave Us a Message