September 22, 2020

Violation of Probation

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Probation is now officially referred to as community supervision. While you are on probation you will be required to follow certain conditions and restrictions that can affect your daily routine. If you have violated the terms of your probation or deferred adjudication you should contact a criminal defense attorney who can defend your rights and who will fight to achieve the best possible outcome for your case.

We encourage you to contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation. She will provide an aggressive defense, which may result in dismissed charges, reduced charges, or minimized punishment.

Basic Conditions of Community Supervision

The Texas Code of Criminal Procedure states that the judge will determine the conditions of community supervision. Under article 42.12, section 11, the judge may impose any reasonable condition that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the defendant. The conditions may include, but the judge is not limited to the conditions that the defendant shall:

  • Commit no offense against the laws of this State or of any other State or of the U.S.
  • Avoid injuries or vicious habits
  • Avoid persons or places of disreputable character
  • Report to a supervision officer
  • Permit the supervision officer to visit the defendant at the defendant’s home or elsewhere
  • Work faithfully at suitable employment as far as possible
  • Remain within a specified place
  • Pay all fines and court costs assessed
  • Support the defendant’s dependents
  • Perform community service
  • Reimburse the county for compensation to an appointed counsel or a public defender
  • Remain under custodial supervision in a community corrections facility
  • Submit to testing for alcohol and controlled substances
  • Attend counseling sessions for substance abusers
  • Participate in substance abuse treatment services
  • Participate in victim-defendant mediation
  • Submit to electronic monitoring
  • Reimburse the compensation to victims of crime fund
  • Reimburse a law enforcement agency for costs in connection with the offense
  • Pay all or part of the costs of the victim’s counseling made necessary by the offense
  • Pay up to $50 to a crime stoppers organization
  • Submit a DNA sample to the Department of Public Safety
  • Provide public notice of the offense
  • Reimburse the county for the compensation paid to any interpreter in the case
  • Attain a certain level of education skill
  • If the defendant is determined to have a mental illness or mental retardation the judge may require the defendant to submit to outpatient or inpatient mental health or mental retardation treatment
  • Pay up to $50 to a childrens advocacy center
  • Pay $100 to a family violence center

Violation of Community Supervision

The state only has to prove that you violated one condition of your community supervision in order to revoke your community supervision. They do not have to prove this beyond a reasonable doubt, and you will not have the right to a jury trial.  If you have violated a term of your community supervision, it is important to have an attorney investigate the details of your probation conditions and the circumstances surrounding your violations. Contact Brittany Carroll Lacayo today to discuss your particular circumstances at 713-504-0506.

What is the Punishment for Violating the Conditions of my Community Supervision?

The consequences associated with a probation violation usually depend on a number of factors including prior convictions and the number and types of violations. Consequences may include, but are not limited to:

  • Increased term of community supervision
  • Revocation of probation
  • Imprisonment or jail time
  • Court fees
  • Community Service
  • Rehabilitation Program
  • Fines
  • Mandatory counseling services

The amount of jail time you are facing depends on whether you are on regular probation or deferred adjudication. If you are on regular probation, the maximum term of confinement will be equal to the amount of time you were placed on probation. For example, if you were placed on regular probation for 5 years for a third-degree felony where the punishment range is from 2 – 10 years in prison; if you violate the terms of your probation, than the maximum term of your jail sentence will be five years. However, if you are placed on deferred adjudication for 5 years for a third-degree felony, punishable by 2 – 10 years in prison, than you can receive a maximum jail sentence of 10 years.

If you have been charged with violating the conditions of your probation or deferred adjudication contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation.

The information contained on this site is for general informational purposes only. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult a Houston criminal defense attorney for advice regarding your own individual situation. We invite you to contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation. Use of this website or submission of an online form, does not create an attorney-client relationship.

Brittany Carroll Lacayo, Houston Criminal Defense Attorney Areas of Practice
DUI/DWI/Drunk Driving Defense Illegal Drug Charges Defense Marijuana Charges Defense
Meth Charges Defense Violation of Probation Charges Defense Assault Charges Defense
Domestic Violence Charges Defense Clear Your Record/Expunge Your Record Criminal Mischief Charges Defense