You never thought you’d end up here—standing in front of a judge again after what felt like a second chance.
Probation was supposed to be your opportunity to move forward without going to jail. But now you’re facing a potential probation violation after a missed meeting or another unexpected run-in with the law.
The path ahead may feel uncertain and overwhelming, but it’s not the end of the road.
Texas law recognizes that mistakes happen and provides opportunities for redemption.
With a thoughtful plan and strong representation from an experienced San Antonio, Texas probation violation lawyer, you can protect your future.
Give us a call at (210) 455-1000 or send us an online message today for a free consultation.
Understanding Probation In Texas
Probation, referred to as community supervision in Texas, allows people convicted of certain offenses to avoid jail or prison time by agreeing to abide by specific conditions set by the court.
These conditions may include some or all of the following:
- Regular check-ins with a probation officer,
- Attending counseling or treatment programs,
- Completing a certain number of community service hours,
- Avoiding drug and alcohol use and submitting to random tests,
- Abiding by a curfew,
- Complying with travel restrictions,
- Maintaining employment or enrolling in educational programs,
- Avoiding further legal trouble, and
- Paying fines, restitution, or court fees.
Violating these conditions can lead to serious repercussions, but not all violations are treated equally. Understanding the process and potential outcomes is key to protecting your rights.
What Constitutes A Probation Violation In Texas?
A violation of probation in Texas occurs when you fail to meet one or more of the conditions imposed by the court.
Common violations include:
- Missing a scheduled meeting with your probation officer,
- Failing to pay court-ordered fines or restitution,
- Testing positive for drugs or alcohol,
- Committing a new crime,
- Failing to complete required programs, such as community service or counseling, or
- Failing to complete any other conditions ordered by the court.
Even minor violations can trigger serious consequences. The severity of the penalty often depends on the nature of the violation and your overall compliance history.
The Consequences Of Violating Probation
When probation officers suspect a violation, they may file a motion to revoke your probation with the court. From there, the process unfolds and can vary depending on your county.
Arrest Or Detention
You may be arrested immediately or issued a summons to appear in court. But how long can you be held on a probation violation?
In Texas, detention beyond 48 hours requires a judicial order or formal hearing scheduled within a reasonable time, which depends on:
- The availability of the court,
- Whether you’re eligible for bail, and
- The specifics of your violation.
While there’s no strict limit, detentions can range from a few days to weeks. This highlights the importance of having legal representation to expedite the process.
Hearing
During the probation violation hearing, the court will determine whether you violated the terms of your probation. The State is only required to prove the violation by a preponderance of the evidence, a standard lower than the beyond a reasonable doubt standard required in the original case.
Penalties
The court has broad discretion in determining penalties.
Potential consequences include:
- Extending your probation term,
- Modifying the terms of your probation, such as adding additional community service or other requirements, or
- Revoking your probation and imposing jail or prison time.
It is important to have a strong defense prepared for your probation violation hearing to question witnesses, including the probation officer, and to present evidence and arguments in your favor.
How Much Jail Time Do You Get For Violating Probation?
The jail time you may face for violating probation depends on your original offense. For misdemeanor probation, jail time may not exceed the maximum penalty for the underlying offense. If you’re on probation for a felony, you could face the full prison sentence associated with your original charge.
Texas law gives judges considerable discretion, highlighting the need for a strong defense presentation.
Texas Violation Of Probation Defenses
A skilled attorney can make all the difference when facing a probation violation.
At Fowlks Law Firm, we craft personalized strategies to protect your rights and future, including:
- Examining the evidence. We examine every aspect to ensure the evidence supporting the alleged violation is accurate and reliable. If it is not, we question witnesses and present arguments to the court to mitigate your culpability and restore probation.
- Highlighting compliance efforts. Our team demonstrates how you’ve taken meaningful steps to meet probation requirements, showcasing your commitment to comply with the conditions.
- Advocating for alternatives. We negotiate with the court to adjust your probation terms rather than revoke them entirely.
- Presenting mitigating circumstances. Valid reasons—such as emergencies or unintentional errors, like missing a meeting due to unexpected medical appointments—can be used to explain and lessen the impact of a violation.
To us, you are more than just a case number. With our dedicated representation, your story is front and center, and we fight to ensure it ends with the best possible outcome.
Let Us Help You On Your Path To Resolution
If you have the right legal team, a probation violation doesn’t have to derail your life. We understand that everyone makes mistakes. Our compassionate yet relentless approach ensures you’re not defined by this moment but empowered to move forward.
Every mistake is an opportunity for a comeback.
Contact us online or call (210) 455-1000 today for a free consultation, and let us fight for your chance to turn the page.
Resources:
- Community Supervision FAQs. Harris County Domestic Relations Office, link
- Texas Government Code Sec.76.019, link
- How We Differ From Parole. Texas Department of Criminal Justice, link
- State Jail Felony Community Supervision. Brazos County, link
- Regular Felony & Misdemeanor Supervision. Brazos County, link
Justin M. Fowlks was born and raised in San Antonio, Texas. He has worked diligently on complex and high-stakes criminal matters. He zealously represented criminal defendants in counties all over the state. In addition to a heavy criminal defense docket, Mr. Fowlks also managed a personal injury docket of cases ranging from on-the-job accidents to catastrophic trucking and auto accidents. Mr. Fowlks provides each client with the utmost in service and accessibility.
