The best way to resolve a violation of a condition to community supervision, known as probation in other jurisdictions, is to address it immediately. The consequences of failing to address a community supervision condition violation oftentimes are greater than the underlying criminal action that resulted in the community supervision condition in the first place. Keep in mind that community supervision conditions are often assessed on criminal defendants as a punishment to avoid jail time or to keep tabs on a criminal defendant once fines, penalties, and other conditions of sentencing have been satisfied. It is imperative that you reach out to an experienced lawyer knowledgeable about addressing community supervision violations.
Community Supervision Conditions Explained
The power of Texas courts to place defendants in community supervision is supported by the Texas Constitution. The Texas legislature developed a list of conditions that may be imposed on a defendant in criminal proceedings. Examples include working faithfully at suitable employment or remaining within a specified place. For a complete list of the statutory conditions, click here. Furthermore, the Courts are empowered to set any additional condition, as long as it is reasonable.
Addressing the Violation of Community Supervision Conditions
Critical to understanding and resolving any violation to a condition of community supervision is the reason the supervised person has for violating the conditions. Collecting information or supporting documentation to corroborate the reasons behind your violation will assist your attorney in addressing the violation in court. The case more often than not returns to the original judge who adjudicated the underlying criminal action. To resolve the violation of conditions to community supervision Denton County Courts can make one of three major determinations.
The first determination is to revoke community supervision and send the violator to prison under the original charge. When sentence was first invoked, the judge handling your case advised you how he made the decision and what he would do if you fail to complete any of the terms to your sentence.
The second option, if the violation results from a failure to pay a fine or complete community service, is to continue or add additional time to the original community supervision period. You are still required to pay the fine and complete community service but additional time is added to your supervision period.
The last consideration only applies to cases that involve routine drug or alcohol testing as a condition of community supervision. If the supervised individual fails a drug or alcohol test by testing positive to alcohol or drugs he or she will be violated. The Denton County Judge then may send the violator to a 12-month mandatory rehabilitation facility at a state or county provider.
DWI Criminal Defense Attorney in Plano, Texas
If you have been convicted of DUI or DWI and are concerned you may have violated the provisions relating to probation or community supervision conditions, without delay, consult with an experienced probation violation attorney. Kimberly Griffin Tucker and her team are ready to assist you resolve your probation violation case. Call (214) 445-6336 to schedule an immediate free consultation. Reach us 24 hours per day via phone and email. Our Plano, Texas office is only a phone call away.