After all the stress of dealing with lawyers, courts, and possibly a jail sentence, the fear of violating probation in Texas and doing it all over again can seem overwhelming. If you or someone you know is under probation for any reason, it’s important to realize what could happen if you or they violate it for the first time.
There are a few different possibilities. For instance, the judge may decide to issue a warrant for your arrest without including a bond for the warrant (referred to as “no bond” or “zero” bond). This means you can’t pay a bond to get out of jail until the judge sets a bail amount. If this occurs, you will need to hire an attorney and request that the judge establishes a bond for you. If the judge approves the request, the bond will typically be twice the amount that the original bond was.
The judge may also choose to revoke your probation and order you to be sent to jail to serve your original sentence. However, if your first violation was for a misdemeanor offense and not serious, the judge could choose to extend your probation or change the conditions instead of jail time.
Even a first-time violation could result in jail time, but this is not usually the case. Often the judge will issue you a warning and re-state the consequences if you violate for a second time. Even failing to report to your probation officer when scheduled can result in possible jail time. Judges and probation officers simply will not tolerate missed meetings, regardless of the circumstances.
Despite all of this, it’s important to note that you have a legal right to challenge the revocation of your probation by requesting a hearing. During this hearing, the state must be able to provide sufficient evidence that you did actually violate your probation. If no such proof is provided, the judge will not be able to revoke your probation.
Having an experienced attorney will help you greatly, regardless of what offense you’re on probation for. Keep in mind that it is still the judge who makes the final decision regarding what happens to you if you violate your probation.
Thank you for visiting the Gabriella Young blog, an Austin criminal defense lawyer. We write to inform locals about law changes, events and news.