What Happens After Someone’s Probation Is Revoked In Texas?
- If your probation is revoked in Texas, it usually means that you will be going to jail—if not immediately after the hearing, then soon thereafter.
- There are some options an attorney may be able to exercise on your behalf, to keep you out of jail until your appeals are exhausted (i.e., an “appeal bond.”) However, you should expect that you will go back to jail eventually if your probation is revoked.
- If you are part of a drug court or diversion program and you violate probation, you will likely be kicked out of the program and will have to re-try your case in the standard court system. Often, this results in stricter, longer probation rather than jail time.
- If you believe that you may have violated probation, you should contact an attorney immediately. There are many things an attorney can do to help you in that situation.
If your probation is revoked in Texas, you usually go back to jail—generally on the day of the hearing. There are some options you have to avoid immediately going to jail in some circumstances. For example, if you are sentenced to less than 10 years, the judge may decide to allow you to post an appeal bond.
An appeal bond allows the client or defendant to get back out of jail and stay free while we appeal the decision of the judge to revoke probation.
Generally speaking, though, if your probation is revoked and your right to be on the streets is removed, you should expect that you’ll be going to jail, if not at the hearing, then shortly thereafter.
What Happens If Someone Is Enrolled In Drug Court Or A Diversion Program And They Violate The Terms Of That Program?
In essence, diversion programs are designed to do what the name says: they divert you out of the system. So, if you’re accepted into a diversion program, you’re taken out of the court system. In other words, you don’t go to court. You don’t face a jury trial. You basically accept your responsibility for the crime, and you attend the full length of the program to try to get it off your record.
If you violate the terms of that program, they put you back into the standard court system. This means that your lawyer has to re-negotiate a new resolution for your case. Frequently, this will involve a stricter type of probation rather than going to jail right away.
Being in a diversion program is a good sign, and bodes well for you if you’re facing a probation violation. Being in a diversion program probably means you’re a first-time offender, and you’re pretty compliant, generally speaking, so will not be assessed as high-risk. If you trip up in a drug court or diversion program, you shouldn’t expect to have to go straight to jail. You should rather expect to be on a more formal probation, oftentimes for a longer period of time.
What Advice Would You Give To Someone Who Suspects That They Might Have Violated Their Probation In Texas?
I deal with this quite frequently. I have many clients who wind up taking probation as a resolution to their charges. Often, as their probation progresses, they reach back out to me because they have received an indication from their probation officer that something’s wrong. In other cases, they know that they’ve done something wrong, (i.e., giving a dirty UA or committing a new offense). People in the latter situation especially usually know that the probation department is going to find them in violation and take some sort of action.
In those cases, what I frequently do is meet with them here in my office, and explain to them what I just explained to you about what to expect going forward. They oftentimes call me or my office and have me check the county system for warrants, which I am also happy to do for them. Often, that’s how we know what we’re up against: if there’s a warrant issued, it means probation has been violated.
Once I have explained everything to the client, it’s time for me to go into action. I talk to the court, trying to arrange for my client to either do a walkthrough or turn themselves in rather than wait for them to get pulled off the street because of their warrant.
For more information on Revocation Of Probation In The State Of Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 877-0401 today.