Probation Violation in Fort Bend County, Texas

If you’ve been released on probation in Texas, you are required to meet certain conditions as specified by the court. Failure to meet these requirements constitutes a probation violation and is punishable by additional penalties. If you’ve been arrested for violating your probation in the Fort Bend County area, you need the help of an experienced criminal defense attorney in protecting your rights.

What is Probation?

Probation, also known as community supervision, is a tool used by the Texas criminal justice system as an alternative to jail time. Probation terms can last for up to five years, depending on the charges involved. Typically, if you’re a first-time offender or you’ve been convicted of a minor offense, you may be sentenced to probation. The court will set specific terms of your release, which you must agree to before your probationary period can begin. Generally, you must agree to:

  • Not commit any other crimes during your court-supervised period
  • Avoid the use of illegal drugs and/or alcohol
  • Avoid people or places that may induce you to engage in criminal activity
  • Meet with your assigned probation officer at least once monthly during the supervision period
  • Agree to allow your probation officer to visit you at home, work or other locations
  • Following all local, state and federal laws
  • Seek and maintain gainful employment
  • Maintain residence within your current county
  • Keep up with any child support or alimony payments you’re required to make
  • Submit to random drug testing if required
  • Pay any fines, fees or restitution as ordered by the Department of Corrections

If you fail to satisfy any of these conditions, the court may order you to serve the maximum sentence for the original crime you were charged with. You may also face additional penalties for the actual probation violation and any charges stemming from new crimes committed while you were on probation. You may also have to pay court fees, do community service or submit to mandatory counseling.

It’s important to note that sex offenders and those convicted of drug offenses may face more strict terms of supervision than individuals convicted of other types of crimes.

If you violate the terms of your probation, you need to speak with an experienced Fort Bend County criminal defense attorney to protect your rights. Your attorney can thoroughly investigate the circumstances surrounding your probation violation and act on your behalf to achieve the best resolution of your case.

What is the Difference Between Probation and Deferred Adjudication?

Deferred adjudication is an alternative to probation that is usually used in cases where there is enough evidence to convict you of a crime but a conviction is not aggressively sought. Deferred adjudication agreements may be reached in cases involving first-time offenders, juvenile offenders or minor crimes. Your Fort Bend County criminal defense attorney may be able to negotiate a deferred adjudication on your behalf, depending on the circumstances of your case.

If you receive a deferred adjudication, you must also agree to similar terms as those associated with a probationary sentence. If you violate the terms of your deferred adjudication agreement, you will also be subject to a penalty. However, the key difference is that rather than being subject to the maximum penalty, the judge will choose a sentence that takes into account the original crime, the new violation and any mitigating circumstances.

Individuals who agree to deferred adjudication also have the opportunity to file a non-disclosure petition, which effectively seals the case from your criminal record. This is particularly advantageous to minor offenders who don’t want a criminal charge to negatively impact their future. Sealing the record is also helpful if you have future arrests for the same crime, which can lead to enhanced charges and penalties.

Can I End My Probationary Period Early?

Depending on the details of your case, you may be able to end your court supervision prior to the end of the probationary term. Typically, you would be allowed to do so after completing at least 1/3 of your original supervision period.

Your ability to achieve an early release from your probationary period may depend on the type of crime you committed, information provided by your probation officer and the recommendation of the court. Your Fort Bend County criminal defense attorney can provide you with more information about early release from probation, supervision or deferred adjudication.

What Should I Do if I Think I’ve Violated the Terms of My Probation?

If you’ve missed a meeting with your probation officer, failed a drug test or engaged in criminal activity, you need to speak with your Fort Bend County criminal defense attorney right away. Reporting the violation as soon as it occurs is the best way to minimize whatever additional penalties you may face.

The law office of Lee D. Cox specializes in assisting individuals who have violated the terms of their probation, supervision or deferred adjudication agreement. As a former prosecutor, Lee is experienced in navigating the Texas legal system and is dedicated to aggressively defending the rights of his clients.

Call the law office of Lee D. Cox today at 281-762-7345 to schedule your free initial case evaluation. A probation violation, whether voluntary or unintentional, can potentially lead to serious penalties, including jail or prison time and hefty fines. Call now to get the expert legal representation you need to fight a probation violation charge in Fort Bend County, Texas.

20+ Years of Experience in Criminal Defense

I began my career with the District Attorney's office and have been in private practice focusing on criminal defense in Fort Bend and surrounding counties since 2002.

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