Probation in Texas is an opportunity to serve your criminal charges within your own home and is an alternative to imprisonment. By giving an individual the ability to serve a less severe punishment, those under probation must follow specific rules and regulations. Individuals may sometimes unknowingly violate the rules set forth and cause themselves to place their rights and freedoms at risk. Only certain cases are offered probation, and breaking any of your designated rules while serving your sentence may result in serious consequences.
Unfortunately, violating your probation in Texas may bring you back to square one with a judge, and you may face the maximum imprisonment sentence for your initial crime. You may avoid serious consequences with an experienced defense attorney at Sophia Martinez Law. With her resources and guidance, the court may be lenient if the violation is your first offense and you prove that it was a mistake.
5 Common Types of Texas Probation Violation
In order to keep their sentence valid, those on probation must follow strict rules set forth by a judge. When a person breaks these rules, they may face severe consequences for their actions. Even when the violation is an accident, there is still a possibility of having to continue your sentence in jail or prison.
The following are a few common types of probation violations in Texas:
Not Appearing in Required Court Hearings
Court hearings for those on probation are essential to continue serving within the comfort of their home. Even if you are sick or unwell at the time of the court hearing, you’ll need to inform the court of your absence and provide documentation that proves you were unable to attend for medical reasons.
Missing Meetings With Their Probation Officer
One of the most common causes of probation violations is missing an appointment with their probation officer. Probation Officers are set forth to check in with individuals and make sure they are continuing to be successful within their time on probation.
Not Paying Fines on Time
Paying your fines on time is vital to your probation and is a part of serving your sentence. If you are unable to pay your fines, you must provide documentation and proof of your reason. A court may lower the payment amount and extend the time it takes to pay these fines.
Positive Drug and Alcohol Tests
While probation allows you to serve your sentence within your home, it still is a form of punishment for crimes and does not allow you to consume alcohol or partake in drug use. If a test comes back with positive results, you risk losing your probation and having to serve in jail or prison.
Possessing Firearms
Probation is a form of punishment, and while the constitution protects your right to bear arms, those serving a criminal sentence are not allowed to possess firearms and may suffer serious penalties if found.
By violating your probation, you risk suffering penalties, imprisonment, and a harsher sentence. Your punishments depend on the severity of your violation and the number of prior violations. The following are examples of actions you may face after a probation violation:
- Receive a Warning
- Required to Appear in Court
- Imposing Additional Probation Terms
- Probation May Be Extended
- Ordered to Serve Time in Jail
As soon as you’re charged with a probation violation in Texas, contact a hard-working and successful lawyer at Sophia Martinez Law. We provide you with the best possible legal representation for your case.
Speak With Attorney Sophia C. Martinez for a Successful Texas Defense Attorney
When you’re handling the stress of a probation violation, seek knowledgeable legal counsel on how to avoid the consequences of a probation violation. Former Assistant District Attorney Sophia C. Martinez has years of experience fighting for the rights of people all across Texas. As someone fluent in English and Spanish, she provides tailored legal services for clients and understands that each case comes with its own unique challenges and needs.
Sophia Martinez Law has a team dedicated to you and protecting your rights. Learn more about how we can help with your probation violation case by calling (210) 226-3000 or filling out our contact form today.