The same way in which crimes and their respective sentences come in different forms and at various lengths, so do violations of felony probation. In some cases, probation may be simple to follow, while in the others it may require counseling, drug tests, and a variety of obligations and rules.
In order to help you understand what to expect, this blog post covers topics such as what is felony probation, what are the consequences for a probation violation in Texas for repeated and first-time offenders, as well as what is potential jail or prison time for various offenses.
What is Felony Probation?
When choosing an appropriate sentence for a specific felony, judges consider factors such as the circumstances and gravity of a crime, involvement (or lack thereof) of weapons, as well as victim’s experience, among other things.
Sometimes, judges decide to let the defendant complete their sentence out of custody in state prison, under the condition that they comply with probation requirements and regularly check in with their probation officer. Probation commonly lasts up to five years, and the person is often expected to abstain from using drugs and alcohol during this time.
What Are The Consequences of a Felony Probation Violation in Texas?
The consequences for a felony probation violation depend on the context surrounding the violation, the seriousness of violation, as well as whether the person is a first-time or repeated offender.
People who have violated misdemeanor probation, first-time offenders, and those who have committed violations that do not have serious consequences usually get a warning from their probation officers. Alternatively, the person may be subjected to performing community service and counseling that aims to correct their behavior, or to rehabilitation, in situations in which drug and alcohol abuse is involved.
Alternatively, defendants are charged with a fine that is supposed to be paid either to the court or the victim of the initial crime. More serious violations may result in brief incarceration, revocation of probation, or in an extended probation period. Depending on whether the person has committed a crime that is unrelated to the original crime, they may also be subjected to additional criminal charges for the new crime.
What Is The Jail Time for a Felony Probation Violation?
Depending on the consequences and circumstances under which violation of terms of your probation has happened, a probation officer can request a probation revocation hearing and an appropriate punishment from the sentencing judge. History of previous felony probation violations and severity of the current violation are some of the factors that will increase the penalty.
For example, after probation violation hearing the penalty will vary depending on factors such as the amount of alcohol or drugs found in blood, preponderance of the evidence, or whether the person is a repeated offender. The defendant may be incarcerated for the same period of time that was ordered prior to probation, or for the maximum prison sentence specific to the crime that was originally committed.
Get Legal Help for a Felony Probation Violation
When it comes to sentencing of felony probation violations, context and circumstances are two key factors. Because of this and in order to muster the best possible defense, it is important to get legal advice from an experienced criminal defense attorney.
For free confidential consultations, call us at (512) 614 4412 so we can discuss your options and strategize.
Blog posts and resources provide researched information and do not represent legal advise or official opinion from Ben Gergen.