It’s difficult to fully understand the Street Time credit rules for probation officers in Texas. The rules require some math, a reasonable understanding of the client’s criminal history, and, most annoyingly, an accurate assessment of how the client’s criminal history is currently classified under the Texas Criminal Procedure Code.
Let’s unpack the rules. As always, this is not free legal advice, just an overview. Contact your attorney for professional advice on how the rules apply to your situation.
3 Ways to Avoid Jail for a Probation Violation in Texas
Not all probation violations result in prison. However, the penalty for violating probation depends on the severity of the behavior and the number of prior violations. A defense attorney can help develop a strong strategy to discuss alternative options prior to incarceration. The issue can be modified or resolved in a number of ways, including:
- Plea Agreement – An agreement between the state and the defendant to modify, continue, or terminate parole.
- Open statement: No comparison with the state as the defendant does not contest a violation of his probation. The defendant can ask the judge to change, continue or end the probationary period.
- Contested Probation Violation Hearing: An evidentiary hearing at which the state calls witnesses and presents evidence that the defendant violated his probation. A judge must be present and will rule on the status of probation.
If you have been paroled, you must at least maintain some form of permanent employment or continue an education that you started earlier. You must report to a probation officer regularly and notify that person of any change of address. Make sure you do not possess, use, or distribute any controlled substances and are not permitted to have a firearm or any other type of weapon in your possession. You should also avoid contact with anyone who is in a correctional facility or on probation. Drug testing is a common condition of parole, and you must submit to a groundless search and seizure without a probable cause.
If you violate any of the terms of your probationary period, action will be taken. And you could be charged with another offense which could result in an additional trial. You still have the right to due process, which will take the form of a hearing. But even if you’re suspected of a parole violation, you’ll still get a warrant if you’re not already in custody. You will then have to attend a preliminary hearing, where a parole board officer or group of officers, with whom you are not affiliated, will hear the evidence relating to your case. And during that time, it will be determined whether you have violated the terms of your probation.
Bonds and Hearings
If a person goes to jail in Texas following a request to revoke parole, they are entitled to a hearing within 21 days of the violation. If the person was on direct parole, they may not be granted bail. Bail is permitted for those in a deferred decision. During this time, it might be a good idea to have an experienced deposit manager by your side.
At PCS Bail Bonds we have over 50 combined years of court experience and 25 years of bail bond experience. Our team has handled many cases where our clients in Texas have faced a request for their parole to be revoked and been sent to prison. We are a leading provider of probation bail bonds in Tarrant County and have a high track record of getting our clients out of prison quickly.
Texas DWI Statute
The Texas DWI Statute can be found in section. 49.04. of the Texas Penal Code and states:
- DRIVING WHILE DRUNK. (a) A person commits an offense when intoxicated while driving a motor vehicle in a public place.
- (b) Except as provided in subsections (c) and (d) and section 49.09, an offense under this section is a Class B misdemeanor with a minimum period of imprisonment of 72 hours
- (c) If a judicial proceeding for an offense covered under this Section reveals that the person operating the motor vehicle had an open container of alcohol at the time of the offense in the immediate possession of the person, the offense is a Class B offense with a minimum term of imprisonment of six days.
- (d) At trial for an offense under this section, it is established that an analysis of a sample of blood, breath or urine from the person revealed an alcohol concentration of 0.15 or higher at the At the time the test is conducted, the offense is a Class A misdemeanor.