Navigating the Texas criminal justice system can be difficult and stressful. Whether you face accusations for a drug crime, fraud or some other offense, the weeks and months that follow your arrest will no doubt include many legal meetings, court appointments and, perhaps, a trial. If the court hands down a conviction for a first offense or non-violent felony or misdemeanor crime, the judge might sentence you to probation.
You’ll want to make sure you fully understand the court’s orders. If you do something that constitutes a probation violation, the court can impose a substantial fine or revoke your probation altogether, perhaps even sentencing you to jail time. The key to avoiding legal problems is to seek clarification of probation rules ahead of time.
You are subject to restrictions on probation
If you are convicted of a crime in Texas but are not sentenced to jail, you may still be required to adhere to similar restrictions while serving probation. For instance, you must appear in court for scheduled hearings. The court may also require you to take random alcohol or drug tests. You must inform your probation officer if you have any contact at all with a law enforcement officer, such as the police pulling you over in a traffic stop.
You may have restricted ability to cross the Texas borders into another state or country during probation. If you leave the state without permission, the court may issue a warrant for your arrest. Another serious probation violation would occur if you were to face charges for a crime while serving your sentence.
Exercising your rights
You do not lose your rights when convicted of a crime in Texas and sentenced to probation. Just as you have the right to request legal representation if a police officer takes you into custody, you may do the same if you are accused of a probation violation. A police officer cannot charge you with probation violation but can inform your probation officer of a suspected violation.
Your probation officer is the only one who can determine whether you have violated your probation. For minor violations, you might incur a warning. More serious violations might prompt a revocation hearing. During this hearing, your probation officer must prove by a preponderance of evidence that you have intentionally violated probation. You have a right to legal support at this hearing and may also call on witnesses to support your defense.