Posted by R. Scott Magee
Probation Violation Sentencing TX
Probation is the act of suspending a person’s sentence for a criminal conviction and granting that person provisional freedom on the promise that he or she will demonstrate good behavior. A probation violation is an offense that occurs when someone violates one or more terms or conditions of their probation.
The consequences of violating one’s probation depend on a variety of factors such as whether there are any prior violations, and whether the circumstances around the violation lessen or worsen the severity of the situation. Depending on the facts of the case, a violation can result in fines, extended probation, and a one-way trip back to use, avoid, refuse, or otherwise break any of the terms or conditions of your probation. Probation violations include but are not limited to:
- Committing another crime while on probation.
- Not paying court-ordered fines or victim restitution.
- Traveling out of state without permission from your probation officer.
- Getting arrested for another offense.
- Not reporting to your probation officer at the scheduled time or place.
What Happens if You Get Arrested While on Probation?
One of the most serious types of probation violations is committing new crimes. When you are on probation and are arrested or charged in connection to 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 result in a warrant for your arrest and oftentimes, harsher consequences than the original penalties.
If one or more conditions of probation are violated, the District Attorney’s Office can file a Motion to Revoke or Adjudicate Probation and a warrant for an arrest is issued. Upon arrest, the probationer is usually held in the county jail, sometimes without bond until their trial. At trial, if the judge decides to revoke probation and the defendant is sentenced to a period of confinement, no credit is given for any time served on probation; however, credit may be given for successful completion of residential treatment.
Round Rock Post-Conviction Relief
If you have violated a term of your probation, we urge you to contact R. Scott Magee immediately. We can explain your rights and obligations under the law and explain which defenses and strategies are available at your disposal. If you are innocent of the crime you are being accused of or if there is a lack of evidence to secure a conviction, it’s vital that you have an aggressive Round Rock criminal defense attorney fighting hard to protect your rights and keep you out of jail!