Probation is often referred to as community supervision. Probation means a person has been convicted of an offense and received a jail sentence, however the sentence is suspended/probated over a period of time so the person may remain in the community. The trial judge usually adds conditions to the probation such as mandatory probation meetings, random drug tests, counseling, community service and sometimes a short jail sentence as a condition of probation. The law allows the judge to add any reasonable conditions to probation. A probation violation occurs when a probationer fails to satisfy one of the conditions.
Probation violations in Texas are serious matters. Once a probation violation occurs, the probation officer has the option to file a motion to revoke the probation. If the motion is filed, the trial judge will make the final determination whether to impose the original jail sentence, modify the probation conditions, add conditions, extend the probation or deny the revocation request. Since the judge has a wide latitude of discretion, it is imperative that you hire an attorney familiar with the particular court as soon as possible.
Deferred adjudication is similar to straight probation. Often it’s called deferred probation. The major difference is a person is not convicted of the offense if they are granted deferred adjudication. A plea of guilty or no contest is required before you can be placed on deferred probation. After the guilty plea is entered, the judge makes a finding that the evidence is sufficient to for a finding of guilt, however such finding of guilt is postponed/deferred for a period of time. If all of the conditions of the probation are satisfied, the charges are dismissed. This does not mean the charges are removed from one’s record. If eligible, a petition for nondisclosure of records must be filed to remove the records from public access.
If you have been placed on probation and feel you have committed a violation, you should consult with an probation attorney as soon as possible. In some instances, an attorney can intervene before a violation is filed and correct the matter. Once the probation violation is filed, a warrant is issued with no bond allowed until you are arrested and taken into custody. Attorneys can often have a bond set in advance of being arrested. This can minimize a the time you wait in jail to resolve the matter.
Contact Dallas Probation Lawyer Gary Redman to discuss the best resolution for your probation violation.
Contact Gary For A Free Consultation
Gary Redman is available for a no cost consultation for anyone seeking to hire a criminal defense attorney. To arrange for an appointment, Gary can be reached at 214-651-1121 or via email at Gary@GaryRedman.com