Five Things To Know About A Community Supervision And Probation Violations In Texas
For many types of misdemeanor offenses in Texas, particularly for first-time offenders, the court will sentence the defendant to “community supervision” as opposed to a jail sentence. Under the Texas Code of Criminal Procedure, the term “community supervision” refers to what is known as probation in many other states. Sometimes you will hear the term “probation” used in Texas, as well, to refer to community supervision or to a violation of the conditions ordered under community supervision. If you are facing misdemeanor charges that could result in community supervision, it is critical to know that a wide range of conditions can come with community supervision, and you will need to comply with all of them in order to avoid a violation and subsequent jail time. If you violate even a single term of the community supervision sentence, you could ultimately face jail time.
What do you need to know about a probation violation, or a community supervision violation, in Texas? The following are five things to consider when you are facing a community supervision sentence or facing a probation violation.
- Community Supervision Can Be Ordered by a Judge or Jury
Under Texas law, a judge or a jury can order community supervision in a criminal case.
- Many Offenses Are Ineligible for Community Supervision
You should not expect that you will be eligible for community supervision since only offenses are eligible. Many misdemeanor offenses, and some felony cases, are eligible for community supervision.
- Community Supervision Can Be Part of Deferred Adjudication
For anyone who must comply with community supervision in connection with deferred adjudication, it is critical to understand that complying with the terms of the community supervision will be the difference between having a criminal record and not having a criminal record. Indeed, under Texas law, “deferred adjudication is a special form of judge-ordered community supervision . . . that permits a defendant to accept responsibility for a crime without an actual conviction being placed on the record.” The Texas Code of Criminal Procedure clarifies that “only a judge can grant deferred adjudication, not a jury, so the prosecutor and defendant must agree to waive a jury trial.” Deferred adjudication that results in community supervision can occur in the following cases, for example:
- DWI cases;
- Intoxication assault cases;
- Intoxication manslaughter cases; and
- Certain drug offenses.
- Community Supervision Terms Can Vary Based on the Offense
Community supervision terms are complex but not explicitly set by statute for each case. The terms of your community supervision will vary based on the offense and the facts of your case.
- Probation Violation Can Result in a Revocation Hearing and Jail Time
If you are accused of violating any of the terms of your community supervision, you can be arrested and held in a county jail. If this happens, it is critical to get help from an experienced Temple criminal defense attorney as soon as possible. You will need representation at the revocation hearing, which will occur following your arrest. At this hearing, the prosecutor will only be required to show that you violated the terms of your community supervision by a preponderance of the evidence, at which point you may be sent to jail. It is critical to prove that you did not violate the terms so that you can continue with the terms of deferred adjudication or the general terms of your probation to avoid jail time.
Contact a Temple Criminal Defense Lawyer Today
If you are facing misdemeanor charges that may involve community supervision, or if you need assistance defending against a probation violation case, one of our Temple probation violation lawyers at The Law Office of Katie L. Gomez, PLLC can help you.
Sources:
statutes.capitol.texas.gov/Docs/CR/htm/CR.42A.htm
txcourts.gov/media/662319/OCA-Written-Testimony-Expunctions-and-Non-Disclosure.pdf
