Fort Bend County Probation Violation Lawyer
If you successfully complete probation, you can avoid jail and move on with your life. However, if you violate your probation, you may receive the maximum punishment, including jail time and fines.
Texas has the following types of probation: (1) deferred adjudication; and (2) straight probation.
1. Deferred Adjudication Probation
- Sometimes offered to first time offenders and those persons charged with less serious crimes.
- Helps avoid a final conviction if the State refuses to dismiss or you do not obtain an acquittal from a jury.
- You must plead guilty, but the judge will defer a finding of guilt.
- If you successfully complete the probation, your case will be dismissed.
- Once the case is dismissed, you may be eligible to seal the record (depending on the type of crime and other restrictions).
- If you violate any of the terms and conditions, the State will likely file a “Motion to Adjudicate Guilt”, which may lead to the maximum punishment for your crime and a final conviction on your permanent record.
2. Straight Probation
- Similar to deferred adjudication with respect to the terms and conditions.
- Helps avoid jail time and other penalties (such as a suspended driver’s license).
- If you complete the probation, you will have a final conviction on your record.
- If you violate any of the terms and conditions, the State will file a “Motion to Revoke Probation”, which may lead to the maximum punishment for your crime, including significant jail or prison time.
Common Probation Violations In Texas
- Getting charged with a new crime while on probation
- Failing to report to your probation officer
- Failing to appear in court on scheduled date
- Failing to pay fines and court fees
- Failing to comply with a court order
- Failing to attend court-ordered classes
- Failing to perform mandated community service
- Failing to take mandatory drug tests
- Testing positive for drug and alcohol use
- Failing to get court-ordered treatment or counseling
- Associating with known criminals
- Failing to maintain gainful employment or a steady job
- Failing to abide by any court-ordered curfew
- Failing to maintain a residence in the County of the probation precinct
- Traveling outside of the County without requesting a travel permit