Gale Law Group
711 N Carancahua St Suite 514
Corpus Christi, TX 78401
361.808.4444

Probation FAQ

Courts have a lot of options when it comes to sentencing, which includes probation. They will typically impose this type of sentence if there is a certain set of circumstances. It will also come with a specific set of terms and conditions that the defendant will have to follow. If you’re under probation in Texas, you might be wondering what that means. Here are some of the common questions that people have about probation in the State of Texas.

probation office
suspect with handcuffs being interviewed in interrogation room by Police officer, Criminal law concept

What is probation in Texas?

If you have been convicted of a crime in the State of Texas, probation will allow you to avoid going to jail. You will have to follow certain rules and conditions that have been ordered by the court, and you’ll be under the supervision of a probation officer in Texas. Some of these conditions could include but may not be limited to:

  • Performing community service.
  • Meeting with your probation officer.
  • Not using illegal drugs or excessive amounts of alcohol.
  • Avoiding certain people and places.
  • Making court appearances at requested times.

Be sure to speak to a qualified attorney for more information.

How long will I have to be on probation in Texas?

The length of your probation will depend on the offense, but it will typically last anywhere from one to three years. It can, however, be longer if you have been convicted of certain offenses.

What are some of the common conditions of a probation sentence in Texas?

If you have been placed on probation in Texas, you will typically be required to report to a probation officer and follow a certain set of conditions during your probation period. Some of them may include:

  • Having regular meetings with your probation officer at set times.
  • Appearing at scheduled court appearances.
  • Paying fines and restitution amounts (which are sums of money being sent to victims).
  • Not traveling outside the state without getting permission from your probation officer.
  • Not using illegal drugs or excessive amounts of alcohol.
  • Submitting to drug or alcohol testing.

The rules of probation in Texas will often depend on the type of criminal offense. Feel free to speak to a qualified attorney for more information.

What will happen if I violate my probation in Texas?

If you break any of the rules of probation in Texas, you have committed a violation. Your probation officer has the authority to give you a warning or order you to attend a probation violation hearing. If the judge has determined that you violated your probation, you could face additional penalties. Some of them can include but may not be limited to:

  • Additional probation terms.
  • Heavy fines.
  • A probation revocation.
  • Jail time.

Be sure to speak to a qualified attorney for more information about the rules of probation in Texas.

What are my rights at a revocation hearing?

During your revocation hearing, the prosecuting attorney needs to prove that you violated a term or condition of your probation. You have the right to know about any new charges that have been filed against you and to prevent evidence in court before an impartial judge. You also have the right to seek the consultation of a qualified attorney or any other legal professional about your rights.

What will happen if my probation is revoked?

If you got your probation revoked, it doesn’t mean that you’ll be sent to jail. Judges have a number of options with regard to sentencing. Some of them include but may not be limited to:

  • Adding more time to your probation sentence.
  • Imposing more fines.
  • Requiring you to get counseling or attend some other treatment program.

A judge may order you to spend a short amount of time in jail, or he or she may require you to serve the time allotted on your original sentence. It will, of course, depend on the circumstance of your probation violation in Texas.

Can I appeal a probation violation conviction?

You can appeal the ruling to the state’s next highest court. And if it finds that the lower court made an error in judgment or that there wasn’t enough evidence to grant a conviction, you could have the probation violation dismissed.

What’s the difference between probation and parole?

While parole isn’t the same as probation, there are some similarities. Parole is a conditional prison release that allows you to go back into the community after you have served all or part of your prison term. Probation is a sentence that allows you to avoid jail altogether. In both circumstances, you’ll have to follow a certain set of rules and conditions that have been ordered by the court. And you’ll have to avoid getting in trouble with the law. Violation of these rules can lead to severe penalties, which can include more jail time.

If you’re looking for a criminal defense attorney in Corpus Christi that will protect your rights, get in touch with Gale Law Group today!