Facing an alleged probation violation in Dallas, Denton or Collin County can be a stressful ordeal. The fear of losing your freedom can be overwhelming when you allegedly fall short of expectations.
While a potential violation does not automatically mean you will go to jail or prison, it does trigger a legal process that can significantly affect your future. Understanding what counts as violating your probation and its potential consequences can help you respond quickly and properly.
Common probation violations
In Texas, violations generally fall into two categories: technical and substantive. Technical violations involve failing to comply with the conditions of probation, while substantive violations involve committing a new offense while on probation. Many probationers normally commit the following infractions:
- Missing a scheduled meeting with a probation officer
- Leaving the county or state without permission
- Failing to pay court-ordered fines, fees or restitution
- Violating curfew or other special conditions
- Being arrested for a new criminal offense
When an authority figure catches these types of violations, they report it to the probation department or court. This can start a formal legal process to determine your future.
Probation violation proceedings
When they receive a probation violation report, the prosecutor will typically file a Motion to Revoke (MTR) or a Motion to Adjudicate Guilt (MTA). If you are on straight probation, the prosecutor will often file an MTR asking the court to revoke your probation for an alleged violation. If the court agrees, it can end your probation and require you to serve the suspended jail or prison sentence.
If you are on deferred adjudication, the prosecutor will typically file an MTA instead because the court did not formally convict you at the time you were granted probation. If the judge later finds a violation, they may adjudicate guilt and impose the full range of punishment for the original charge.
What are the potential outcomes?
Whether the prosecutor filed an MTR or MTA, the court is not required to incarcerate you. Depending on the circumstances, a judge may choose to continue your probation without imposing additional punishment or modify the current terms.
In some cases, the court may extend the length of your probation period. If your violation is serious or repeated, the judge may revoke your probation and order jail or prison time.
Why acting quickly matters
The outcome of a probation violation proceeding is not always set in stone. By taking prompt action, you may be able to resolve any underlying problems before your court date. A lawyer can guide you through the process while advocating for your future and freedom.