If an alleged criminal offender is released on probation or community supervision in Georgetown after serving a partial jail or prison sentence or entering a plea deal to receive probation, they must follow specific terms and conditions to the probation as determined by the judge. If the probation officer has any reason to believe the individual violated any terms to their probation, he or she can give you a warning, request a warrant for your arrest, request the judge add more conditions to your probation, or request your probation be revoked and replaced with a jail sentence.
Probation violations in Georgetown can be either substantive or technical. A substantive violation can occur of the alleged commits a new crime while they are on probation. A technical violation occurs if they fail to follow a term or conditions, such as paying a fee late or not completing all community service hours. A violation of probation (VOP) can result in serious repercussions, such as revocation of the entire probation and replace with a jail or prison sentence, a modification of the probation terms or additional criminal charges.
If you have been accused of committing any probation violation, it is important to contact an experienced Georgetown criminal defense lawyer who will make every effort to have the terms of your probation reinstated or modified that is more agreeable to your situation.
Georgetown Violation of Probation Lawyer
If you have been charged with violating the terms of your probation in Georgetown, or any of the surrounding areas of Round Rock, Cedar Park, Leander, Taylor, Hutto, Killeen, Temple, Belton or Harker Heights, contact Price & Twine, PLLC
Attorney Michael J. Price is knowledgeable in all areas of Texas community supervision and will make every effort to have your probation reinstated or revoked without any additional penalties. Call Price & Twine, PLLC for a free consultation at (512) 354-1880 about your alleged probation violation.
Georgetown VOP Information Center
- Community Supervision in Texas
- Georgetown Probation Conditions
- Probation Violation Hearings in Georgetown
- Georgetown Violation of Probation Penalties
- Resources in Georgetown for a Violation of Probation
Community supervision, which is also known as probation, is defined in Section 2 of Article 42.12 of the Texas Code of Criminal Procedure. Community supervision requires an individual who has been charged with a criminal offense to follow certain terms, conditions, and requirements over a period of time instead of receiving a traditional jail or prison sentence.
Most defendants are eligible for probation. However, under section 3g of Article 42.12 of the Texas Code of Criminal Procedure, individuals not eligible for community supervision in Texas can include those who allegedly committed any of the following offenses:
- Aggravated Kidnapping,
- Aggravated Robbery,
- Aggravated Sexual Assault,
- Capital Murder,
- Indecency with a Child,
- Individuals who used a firearm during the commission of their offense,
- Murder, or
- Sexual Assault.
An alleged felony offender can receive a maximum probation term of 10 years for a first or second-degree felony or five years for a felony of the third-degree offense. The minimum term of probation for a felony offender is equal to the term of imprisonment for their underlying offense. An alleged misdemeanor offender can receive a maximum two-year term of community supervision.
Chapter 42 of the Texas Code of Criminal Procedure also defines possible terms, conditions and requirements to community supervision. These terms are determined by the court and vary for each offender, depending on the type of offense committed and what risk they may impose on society upon their release. When an individual is placed on probation or community supervision in Georgetown, they must agree to follow a specific set of terms, as determined by the court.
The terms of each person’s probation are different and can vary based on a number of factors. The following are basic conditions to every person’s probation. The judge may assign more requirements in addition to requiring the individual on probation to:
- Refrain from committing any other criminal offenses;
- Avoid using controlled substances and alcohol;
- Avoid any other negative habits or persons that may be a bad influence;
- Timely report to their probation officer every month;
- Allow their probation officer to visit their home or place of employment;
- Follow the rules and regulations of the Community Supervision and Corrections Department;
- Find a suitable job and notify the Community Supervision and Corrections Department of any changes;
- Stay in Williamson County or another approved county unless the court or probation officer permits them to leave;
- Support any dependants;
- Submit to random drug and alcohol testing;
- Pay any fines, fees or restitution.
If your probation officer has any reason to believe you violated the terms to your probation or you have been charged with violating the terms of your probation in Georgetown, it is important to hire an experienced criminal defense lawyer who will represent your interests at your probation violation hearing.
If you are accused of violating the terms of your probation, you will be entitled to a hearing where you can state the reason for your probation or provide any defenses to the accusations against you. You are not entitled to have a jury at the VOP hearing, but your hearing will likely be in front of the same judge who presided over your underlying offense.
The judge will then make a determination if there is sufficient evidence you violated your probation by a preponderance of the evidence. This standard of proof means the evidence weighs slightly more in favor of one side than the other. This is a much lower standard than the beyond a reasonable doubt burden of proof at a criminal trial. If the judge determines you more likely than not violated your probation, they will determine a penalty for your offense.
If the judge determines an individual violated the terms of their probation, their punishments will depend on the type of violation. Committing a new crime or failing a drug test will typically result in more serious penalties, as opposed to not paying a fine on time. However, the judge determines the penalty, so it is important to have an experienced criminal defense lawyer represent you at the hearing to help you achieve the best possible outcome for your particular situation.
Examples of penalties an individual could face for a probation violation can include any of the following:
- Additional fines,
- Additional court fees,
- Substance abuse counseling,
- Substance abuse treatment,
- Additional community service, or
- Any other penalty the court determines.
Additionally, if the judge determines there is enough evidence you violated the terms of your probation, he could revoke your entire probation and sentence you to jail or prison for the maximum term of your underlying offense. Generally, this will not occur unless you are a repeat probation violator or you committed a new crime while on probation.
However, your attorney may be able to negotiate with the court to modify the terms of your probation so they are easier for you to follow or reinstate your community supervision without any other additional terms or requirements.
Texas Constitution and Statutes – Community supervision or probation is defined in Chapter 42 of the Texas Code of Criminal Procedure. Additionally, Article 42.12 lists the requirements of community supervision and the penalties for a probation violation.
Texas Department of Criminal Justice – The Texas Department of Criminal Justice (TDCJ) is responsible for maintaining and regulating community supervision, probation and parole in Texas, and aims to promote positive changes in offender behavior while also preserving public safety.
Williamson County Adult Probation – This link is to The Williamson County Community Supervision and Corrections Department, or the Adult Probation Department. This website provides information on alternative sentencing throughout Williamson County. The Department is located at:Williamson County Adult Probation
301 Inner Loop Road
Georgetown, Texas 78626
Phone: (512) 943-3500
Price & Twine, PLLC | Round Rock Probation Violation Attorney
Contact Price & Twine, PLLC today for a consultation about your probation violation allegations throughout Williamson County in Texas. Michael J. Price is an experienced Georgetown criminal defense lawyer who will make every effort to have the terms of your probation reinstated or modified to better suit your needs.
Contact Price & Twine, PLLC at (512) 354-1880 for a consultation about your alleged violation of probation throughout Williamson County and Bell County in Texas.