You may be wondering, “What happens when your probation is revoked?” if you have received a motion saying your probation has been revoked or have a warrant out for your arrest. Maybe you didn’t pay attention to the conditions of your probation, or maybe you slipped up and broke the rules of your probation.
Now facing the threat of jail time again, you’re confronted with more questions such as: What happens when you violate probation for the first time? How much jail time do you get for probation violation in Texas? What happens at a probation revocation hearing?
No matter what your circumstances are, if you’re asking these kinds of questions, then today might be the day you should learn why your probation might revoked, how much jail time you could be facing, what may happen at your probation hearing, and what you can do about it.
What happens when your probation is revoked? It starts with you and your probation officer. When an individual is put on probation, they are given a list of rules and conditions that they must follow. The individual must agree to these orders to be granted probation. They must also agree to the fact that if they fail to follow these rules and conditions, then they could face going to jail.
If your probation officer has decided that you have violated the terms of your probation, they can either give you a warning or write and present a “motion to revoke probation.” When this motion is filed, a Dallas County probation violation warrant for the arrest the individual who violated their probation will be put out.
What happens next when your probation is revoked? Probably an arrest—yours. Individuals who’ve been arrested for violating probation with a misdemeanor charge or who are doing deferred adjudication for a felony charge will likely be released on bond (they will not qualify for bond with a regular felony probation).
Whether the individual has been released or not, they will have to take part in a revocation hearing. No jury will be present at the trial. If the State can prove your probation officer’s allegations or the individual admits that the allegations are true, then the individual’s fate is in the hands of the judge.
Not necessarily. The judge has many options to choose from when it comes to deciding what happens to an individual who has violated their probation.
It could be a less severe punishment, such as a small fine, adding additional time to the probation, mandating counseling, and adding certain terms to the rules and conditions of your probation. However, the punishment for the probation violation can also come with much harsher consequences, such as a revoked probation, hefty fines, and/or jail time.
If the judge does decide to send the individual to jail, the time you spend in jail cannot exceed the underlying jail originally put forward with the probation. In other words, if you have an underlying jail sentence of 180 days (for a DWI probation, perhaps), then the judge could sentence you to anywhere between 1 day and 180 days of jail time, but not a day more.
If you’re asking, “What happens when your probation is revoked?” don’t give up. Having an aggressive Dallas criminal defense attorney handle your case can help reduce the repercussions of your probation violation. The Wilder Firm has the experience to negotiate with the prosecution and the judge and knows how to present your case in the best light possible. In fact, our team has experience as a former chief prosecutor. Don’t rely on the sympathy of the court—contact The Wilder Firm today for a free consultation.