When you are convicted of a crime in Texas or if your sentence was suspended the State can opt to place you on probation or "community supervision." This is normally offered to those not previously convicted of a felony. They will set up rules that have to be followed and if you successfully complete your probation without incident you will not be sent to jail or prison. Typically the requirements include reporting to a probation officer on a regular basis, performing community service, paying fines and/or restitution and sometimes even drug screening.
If you do not complete the requirements of your probation your probation officer can file a Motion to Revoke Probation. If this happens you will be served and afforded the opportunity to defend yourself. If the judge determines that you violated the terms of your probation it does not automatically mean that you are going to jail. Often times the judge will extend the length of probation, impose additional fines, require you to attend counseling, boot camps or treatment programs.
It is in your best interest to follow the terms of your probation, but if you find yourself in trouble, our law firm has spent years helping people with their probation revocations in Texas. If you are currently on probation and you think that a Motion to Revoke has been filed, you need to call us right away so we can help you determine the best way handle your situation.
Deferred Adjudication
The state of Texas offers certain people a second chance to avoid a guilty finding and criminal conviction, otherwise known as Deferred Adjudication. If the judge determines there is enough evidence to find you guilty he can defer the guilty finding and place you on probation. If you successfully complete your probation conditions you will not be sentenced to jail time and there will be not guilty finding on your criminal record. However, if you fail to successfully complete probation the judge can sentence you to jail time. Texas laws do not allow for Deferred Adjudication on driving while intoxicated or DWI charges.
Helpful Probation Terminology
Monthly Community Supervision & Corrections Report (MCSCR): Is Community supervision data submitted to the Texas Department of Criminal Justiceís Community Justice Assistance Division by the state's community supervision departments.
Pre-Release Therapeutic Community (PRTC): Has three components: educational/vocational, substance abuse and cognitive restructuring.
Pre-Sentence Investigation (PSI): An investigation of an offender's family history, work history, criminal history, risks and needs. This is conducted by a community supervision officer. Prior to sentencing, the court considers the resulting Pre-Sentence Investigation Report (PSIR).
Restitution: Required repayment for having committed a crime. Restitution can be made to a specific victim in a dollar amount to repay for damages or can be made to society by working without pay for a non-profit or governmental agency. This can be a term of probation.
Revocation: The act of removing an offender from probation, parole, or mandatory supervision due to the offender violating the conditions of his or her supervision and/or committing a new crime.
Substance Abuse Felony Punishment Facility (SAFPF): Is a secure residential program, which provides substance abuse treatment and counseling to non-violent, felony offenders, whose substance abuse problem contributed significantly to their committing a crime. Upon completion of the program, the offenders are returned to probation, parole, or mandatory supervision.
Treatment Alternative to Incarceration Program (TAIP): Is a program that provides screening, assessment and referral services to offenders arrested/sentenced for a substance abuse related offense, or who have a history of substance abuse.
