If you commit a crime in Texas, you could be placed on probation. Whether or not you receive probation depends on the parole guidelines.
Regardless of your crime, violating the terms of your parole can have serious consequences. In fact, it could send you back to jail.
Learn more about what to expect the first time you violate parole.
Will You Get Jail Time?
After you violate probation, your probation officer can file a report. It’s up to them to report you; in some rare cases, they might choose to give you a second chance.
But if the violation is serious, your officer is likely to file a report. Whether or not you are on parole for a felony or a misdemeanor, the report could send you to jail.
The report starts a chain of events. First, a judge could issue a warrant for your arrest. Depending on the situation, they may not allow you to receive a bond. You would need to work with an attorney to request a bond. Typically, the bond is twice as much as the original one.
Individuals who are on probation for a felony offense are more likely to go to jail for a probation violation. If the judge feels it is appropriate, they could revoke probation for your first violation. This would require you to serve time.
One of the most serious violations you could make is failing to report to your probation officer. If you don’t show up for an appointment, you are likely to face serious consequences. Judges are not lenient when it comes to this type of violation.
It’s up to the judge to decide how much time you will serve for the violation of your probation.
Other Potential Consequences
The events that happen after your probation violation depend on two main factors.
First, it depends on your original crime.
Secondly, it depends on what you did to violate your parole. Minor violations, like failing to stay up-to-date on your fee payments, are unlikely to incur serious consequences. The only exception is for minor infractions that happen for an extended period of time. If you continuously miss payments, you could face harsh consequences.
For instance, a minor violation might not send you back to jail. The judge could decide to extend your probation period. In some cases, they might add new terms to your probation.
Who Decides What Happens?
Your probation officer is the one who reports you for an infraction. However, a judge is the one who decides what consequences you will face. The decision is entirely theirs. Before making the choice, they look at all of the details regarding your situation.
You do have a chance to stand up for yourself. If a judge wants to revoke your probation, you can request a hearing.
On the day of your hearing, the state needs to show evidence that proves you violated your probation. If they don’t have any evidence, then they have no case. The judge can’t revoke your probation and you can continue on with your life.
A probation violation can be a very serious action. While the judge does have the final word, your outcome depends on more than just the judge. It also depends on your attorney.
By working with an aggressive legal professional, you may be able to prevent your parole from being revoked. Contact Cole Paschall Law for advice.