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Probation Violations

While the 71st Texas Legislature changed the term adult probation to community supervision in 2003, the general idea remained largely the same, and the process is still often referred to by its former name. People are usually placed on community supervision as an alternative to a jail or prison sentence, but some individuals are placed on probation after release from prison.

Community supervision can last for up to two years when an alleged offender is charged with a misdemeanor, but people can be placed on probation for up to 10 years when convicted of felony offenses. Individuals placed on community supervision are expected to fulfill numerous requirements and abide by multiple restrictions, as any violation of the terms of a probation agreement can result in a person’s community supervision being revoked.

Attorney for Probation Violations in Conroe, TX

Have you been accused of violating the terms of your community supervision in Montgomery County or Harris County? You should avoid making any statement to authorities or your probation officer until you have legal representation. Contact Evans & Powell, PLLC as soon as possible.

Conroe criminal defense lawyers Sean Evans and Frank Powell represent clients facing criminal charges in communities all over Montgomery County and Harris County, such as Porter Heights, Oak Ridge North, Cut and Shoot, The Woodlands, Shenandoah, Panorama Village, and several others. Our attorneys can provide an honest and thorough evaluation of your case when you call (713) 622 - 2000 now to schedule a free initial consultation.

Montgomery County Violation of Probation Information Center

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Types of Probation Violations in Texas

Chapter 42A of the Texas Code of Criminal Procedure covers matters concerning community supervision, and Texas Code of Criminal Procedure § 42A.301 establishes the basic discretionary conditions of community supervision. Under this Statute, the judge of the court having jurisdiction of the case determines the conditions of community supervision and can impose any reasonable condition that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the alleged offender.

Conditions of community supervision may include any of the following conditions, requiring the alleged offender to:

  • commit no offense against the laws of this State or of any other state or of the United States;
  • avoid injurious or vicious habits;
  • avoid persons or places of disreputable or harmful character, including any person, other than a family member of the alleged offender, who is an active member of a criminal street gang;
  • report to the supervision officer as directed by the judge or supervision officer and obey all rules and regulations of the community supervision and corrections department;
  • permit the supervision officer to visit the alleged offender at the alleged offender’s home or elsewhere;
  • work faithfully at suitable employment to the extent possible;
  • remain within a specified place;
  • pay in one or more amounts the alleged offender’s fine, if one is assessed, and all court costs, regardless of whether a fine is assessed;
  • support the alleged offender’s dependents;
  • participate, for a period specified by the judge, in any community-based program, including a community service project under Article 42A.304;
  • reimburse the county in which the prosecution was instituted as follows: if counsel was appointed, an amount of compensation paid to appointed counsel for defending the alleged offender in the case; or if the alleged offender was represented by a public defender’s office, an amount that would have been paid to an appointed attorney had the county not had a public defender’s office;
  • if under custodial supervision in a community corrections facility: remain under that supervision, obey all rules and regulations of the facility, and pay a percentage of the alleged offender’s income to the facility for room and board and the alleged offender’s dependents for their support during the period of custodial supervision;
  • attend counseling sessions for substance abusers or participate in substance abuse treatment services in a program or facility approved or licensed by the Department of State Health Services;
  • with the consent of the victim of a misdemeanor offense or of any offense under Title 7, Penal Code, participate in victim-alleged offender mediation;
  • submit to electronic monitoring;
  • reimburse the compensation to victims of crime fund for any amounts paid from that fund to or on behalf of a victim, as defined by Article 56.32, of the offense or if no reimbursement is required, make one payment to the compensation to victims of crime fund in an amount not to exceed $50 if the offense is a misdemeanor or not to exceed $100 if the offense is a felony;
  • reimburse a law enforcement agency for the analysis, storage, or disposal of raw materials, controlled substances, chemical precursors, drug paraphernalia, or other materials seized in connection with the offense;
  • pay all or part of the reasonable and necessary costs incurred by the victim for psychological counseling made necessary by the offense or for counseling and education relating to acquired immune deficiency syndrome or human immunodeficiency virus made necessary by the offense;
  • make one payment in an amount not to exceed $50 to a crime stoppers organization, as defined by Section 414.001, Government Code, and as certified by the Texas Crime Stoppers Council;
  • submit a DNA sample to the Department of Public Safety under Subchapter G, Chapter 411, Government Code, for the purpose of creating a DNA record of the alleged offender;
  • in any manner required by the judge, provide in the county in which the offense was committed public notice of the offense for which the alleged offender was placed on community supervision; and
  • reimburse the county in which the prosecution was instituted for compensation paid to any interpreter in the case.

Alleged probation violations are either technical or substantive. Technical violations are usually based on a person’s alleged failure to fulfill a term of the community supervision (such as paying a fine or missing a scheduled meeting with a probation officer), but substantive violations involve alleged offenders committing new criminal offenses.

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Violation of Probation Penalties in Montgomery County

Some alleged probation violations result only in probation officers issuing warnings to the alleged offenders. Probation officers, however, can seek warrants for the arrests of alleged offenders and request that judges add more conditions to the community supervision or revoke it.

People accused of violating the terms of their community supervision are entitled to hearings, but such hearings are far different from how criminal trials are handled. The judge who originally imposed the alleged offender’s sentence is the only person who hears the case and renders a decision, as there are no juries for probation violation hearings.

The burden of proof is also much lower for the State in these cases, as a prosecutor only needs to prove an alleged community supervision violation by a preponderance of the evidence as opposed to the beyond a reasonable doubt standard used in criminal trials. A preponderance of the evidence means the alleged offender “more likely than not” committed the alleged violation as opposed to beyond a reasonable doubt, which is the highest possible burden of proof.

When a judge issues a decision following a hearing for an alleged violation of community supervision, the court can do one of three things:

  • Reinstate Community Supervision — The alleged offender is ordered to continue to fulfill the terms of the probation originally imposed without any new sanctions;
  • Modify Community Supervision — The original conditions are changed or new conditions are added—such as requiring additional community service, ordering more drug or alcohol testing, or extending the term of community supervision—to an alleged offender’s probation; or
  • Revoke Community Supervision — The court cancels the alleged offender’s community supervision and possibly imposes the maximum jail or prison sentence allowable for the original underlying criminal offense.

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Texas Probation Violation Resources

Adult Probation — Visit this website to learn more about the Adult Probation Department (CSCD) of the Montgomery County Department of Community Supervision and Corrections. The CSCD is responsible for supervising adults on court-ordered probation and monitoring their compliance with conditions set forth by the court. You can access a probationer portal, fee payment instructions, and various other documents and forms.

Texas Department of Criminal Justice (TDCJ) — The TDCJ is responsible for the supervision of offenders released from prison on parole or mandatory supervision as well as providing funding and certain oversight of community supervision. On this website, you can learn more about the divisions and departments of the TDCJ, find answers to frequently asked questions, and access other online services. The website also has a community supervision brochure and a fact sheet as well as annual reviews.

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Evans & Powell, PLLC | Conroe Violation of Probation Defense Lawyer

If you have been accused of allegedly violating the terms of your community supervision in Montgomery County or Harris County, it will be in your best interest to immediately retain legal counsel. Evans & Powell, PLLC defends individuals accused of probation violations in Magnolia, Willis, Woodbranch, Patton Village, Pinehurst, Splendora, and many surrounding areas of Montgomery County and Harris County.

Sean Evans and Frank Powell are experienced criminal defense attorneys in Conroe who will fight to help you achieve the most favorable outcome to your case that results in the fewest possible penalties. Call (713) 622 - 2000 or complete an online contact form to have our lawyers review your case and discuss all of your legal options during a free, confidential consultation.

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Evans & Powell, PLLC