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.
If you are released from probation, you must at least maintain some form of permanent employment or continue an educational path 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.
Learn about the two types of probation violations
As a starting point, it is important to emphasize that there are different types of probation violations. In Texas, probation violations fall into two broad categories: technical violations and violations of new laws.
A technical violation means that an individual has allegedly violated one of the specific terms of their individual community oversight. For example, defendants are often required to pay costs and/or fines while on probation. Failure to comply with these payment arrangements could trigger a technical parole violation.
WHAT HAPPENS IF YOU ARE BREACHED TWICE AGAINST THE CONDITION?
Whatever leniency prosecutors or judges may show after a first probation violation, they are much less likely to show the same for a second violation. Even so, a two-time probation violation does not automatically mean your probation will be revoked. Consider the following possible sentences you could receive:
- extension of your probation
- extension of your probation, e.g. B. additional fines, increased use of drugs and alcohol, more community service hours, and/or being required to complete another course or program
- A period of imprisonment, either alone or in addition to other consequences
- Revoking Your Probation
What should I do after violating the terms of my probation?
Contact an experienced probation violation attorney now. He will interview you to answer the following types of questions:
- Have you violated the terms of your probation?
- Did the parole officer make a mistake?
- What is your compliance history? Is this your first and only slip-up?
- Was it extremely difficult for any reason to comply with any of the conditions of the probationary period?
- Has your parole officer shown prejudice against you? Did he or she have any problem with you? Was it impossible to communicate or be on good terms with this person?