You’re probably familiar with the term “probation,” which is known by various terms including “suspended sentencing” and “community supervision.” Here in Texas, we refer to probation as “community supervision.” They are two different words but probation and community supervision mean the same thing and they’re used interchangeably.
Community supervision or probation simply mean an alternative to incarceration. So, instead of being behind bars, the defendant is being supervised in the community. It’s very common for a first-time offender or a juvenile defendant to receive probation. However, community supervision does come with a strict set of conditions that the defendant must abide by and if he or she fails to adhere to any one of them, they violate their probation, which can result in their probation being revoked and the original sentence being imposed as punishment.
Standard Conditions of Probation
Community supervision conditions typically include:
- Do not associate with any known criminals
- Abstain from drugs and alcohol
- Support one’s dependents (children)
- Remain gainfully employed
- Do not leave a specific area
- Do not break any new state or federal laws
- If ordered, pay victim restitution
- Avoiding contact with crime victims
- Follow the supervising officer’s directions
- Submit to drug testing and testing clean
- Staying in school (for juveniles)
To learn more about community supervision in Texas, read Title 1, Chapter 42A of the Code of Criminal Procedure.
Probation Revocations in Texas
If a defendant violates a term of their probation, the state may file a motion to revoke his or her probation. A notice is sent out to the defendant directing them to appear in court. From that point forward, the case will proceed much like any other criminal case. The state will need to prove the defendant violated their probation (community supervision).
If the court decides the defendant violated their community supervision, the consequences vary depending on the nature of the violation, if there is a history of prior violations and the severity of the original offense. The possible consequences include more community service, additional probation terms, an extended community supervision term, or revocation of probation, followed by the defendant having to carry out the entire initial sentence.
Accused of violating your probation? Contact Attorney Peter Barrett 24/7 for a consultation.