Dealing with a misdemeanor in Texas can be stressful. Most worry about being put in jail; however, most will be eligible for probation. Rather than serve time in jail, an offender may be allowed to stay in the community under strict supervision. Probation not only allows the offender to rebuild his or her life but to do so under specific rules ordered by the court. A Dallas misdemeanor criminal defense attorney can evaluate the options of probation in any specific case.
What Is Misdemeanor Probation?
Misdemeanor probation, which is also known as community supervision, is a court-approved alternative to jail. Instead of serving time, offenders must fulfil the conditions required by the judge. The requirements vary from case to case, but they often include checking in at regular intervals with a probation officer, paying fines, and/or attending counseling or treatment programs. Probation allows the offender to have a second chance while still being accountable for their choices.
Types of Misdemeanor Probation
There are two primary types of misdemeanor probation in Texas: straight probation and deferred adjudication. In straight probation, the offender is found guilty and is placed on probation instead of having to serve a term in jail. The offender must follow all rules of probation or risk being incarcerated. Deferred adjudication means that the court will allow the conviction to be deferred. If the defendant is successful in completing the probationary period, the case will be dismissed, and there will be no conviction on the record. This is commonly used for first-time offenders. If the offender fails probation, however, they will be subject to the full range of punishment.
How Does Probation Work?
A probation officer is assigned by the court to supervise the offender’s development. The probation officer is responsible for making sure the offender complies with the conditions established by the court. The most prevalent conditions are that the offender will meet with the probation officer on a regular basis, pay all fines and fees in a timely manner, and participate in community service and counseling or educational programs. In some cases, offenders must pass random drug or alcohol screening and maintain employment. There may also be restrictions on travel or contact with other persons. The terms of probation may also vary due to the fact that each case is different.
Consequences of Violating Probation
Probation is a privilege, not a right. Not adhering to the terms can have serious consequences: If the offender misses a meeting, fails a drug test, or does not complete required programs, the probation officer may notify the court. The judge may then issue a warrant for an arrest and set a hearing. At the hearing, the offender can be heard. If the judge finds a violation, the officer can extend the probationary period, add new conditions, or revoke probation altogether. If revoked, the original jail sentence may be brought back into force.
Can You Get Off Probation Early?
In Texas, certain persons are eligible to petition for early termination of probation. In general, a judge may allow early termination if the offender has served at least one-third of their probation term and complied with all conditions of probation. Within the scope of the presiding order, the court must at least consider any request for early termination if the offender was sentenced to one-half of their sentence. No one has a right to, and the Court may grant or not grant early termination. A Dallas probation attorney can assist with this request by preparing the appropriate documents and explaining to the Court why the early termination would be beneficial.
Probation, while commonly referred to as a functional, benefits the offender and offers the offender a way to avoid time in jail and positive change habits, albeit with a plea deal or at a hearing, is not worth violating rules, all clauses of the probation, or orders of the court; probation violations can specifically lead the offender to jail. Furthermore, knowing and understanding the terms of the probation sentence can also assist in completing probation. If you have any concerns or questions, consider speaking to an attorney.