Probation in Texas is an alternative to jail time that allows individuals to stay in their communities under strict supervision. It plays a major role in the criminal justice system by offering non-violent offenders a second chance while still holding them accountable.
But how does probation work, and what should you expect if you’re placed on it?
How Is Probation Assigned?
Probation in Texas is typically granted during sentencing, either through a judge’s decision or as part of a plea deal. There are two types: deferred adjudication and straight probation.
Deferred adjudication means the judge postpones a conviction, allowing the defendant to complete probation without a formal guilty verdict on their record—unless they violate terms. Straight probation, on the other hand, includes a conviction but suspends the jail time.
What Are Common Probation Conditions?
Conditions of probation vary depending on the offense and the judge, but they almost always involve regular check-ins with a probation officer. Other common conditions include:
- Drug or alcohol testing
- Attending counseling or rehabilitation programs
- Community service
- Paying fines or restitution
- Staying employed or enrolled in school
- Obeying all local, state, and federal laws
Failure to comply with any of these can result in a probation violation.
How Is Probation Monitored?
A probation officer is assigned to monitor each individual’s progress. This officer ensures that all terms are being followed. They may conduct home visits, review drug test results, and verify employment or program attendance. Any concerns or red flags are documented and reported to the court.
What Can Lead to a Probation Violation?
Violations can be technical (like missing a meeting) or criminal (like getting arrested). Even minor violations, such as being late for curfew or failing to pay court fees, can lead to serious consequences. The court may impose stricter conditions, extend the probation period, or revoke probation entirely and order jail or prison time.
What Happens If Probation Is Revoked?
If probation is revoked, the court holds a hearing to determine the next steps. A strong defense can sometimes help reinstate probation with added conditions. But in more serious cases, especially those involving repeat offenses or violent crimes, the court may enforce the original jail sentence.
That’s why it’s crucial to work with an experienced criminal defense attorney who understands the ins and outs of the system. If your case involves drug charges, having a knowledgeable drug defense lawyer can help you avoid the worst outcomes. If you’re facing serious charges like assault, a criminal assault lawyer or intoxication assault lawyer can help build a strong case for probation instead of jail time.
At the Law Office of Robert M. Maurer II & Associates, we’ve helped many clients navigate probation in Texas. Whether you’re dealing with a felony, misdemeanor, or potential violation, we’re here to guide you through every step. As a trusted felony defense lawyer in San Antonio, we focus on protecting your rights and your future.
If you have questions or concerns about probation in Texas, reach out to us.