Probation, also called community supervision in Texas, allows individuals to avoid prison by following court-ordered rules. Generally, probation takes two forms. Charges may be dismissed upon the successful completion of deferred adjudication. Alternatively, straight probation may be ordered. This results in a conviction but also avoids jail time.
While probation allows someone to remain in the community, violating its terms can lead to serious consequences. Below are some of the most common types of probation violations.
Probation terms and how they may be violated
Texas courts impose specific conditions based on the offense and individual circumstances. Many probationers must regularly report to a probation officer, attend counseling or treatment programs, complete community service and remain within a designated location. They must also avoid new criminal charges, submit to drug testing and pay all required fines.
Violations can happen in different ways. Missing a meeting with a probation officer, failing a drug or alcohol test or traveling outside of an approved area without permission are common violations. Some individuals also violate probation by failing to complete required programs or community service hours on time. Even non-payment of fines, whether intentional or due to financial hardship, may count as a violation.
Accidental probation violations
Not all violations are intentional. A simple mistake, like misunderstanding reporting dates or struggling to afford required payments, can result in a violation. Missing a class or community service deadline due to a scheduling conflict might also create problems. In some cases, even an emergency trip out of state without prior approval could lead to legal consequences.
An accusation alone does not necessarily mean you are guilty of a probation violation. You have a right to a legal defense. Seeking guidance early is an important step.