Probation is a tool in the legal process of Texas that allows individuals to remain good members of society. Through probation, individuals charged with a crime are allowed to be out of jail, stay with their family, work, and do community service.
Sadly, sometimes individuals can make mistakes while they are out of jail on probation, and this could lead to a motion to revoke probation in Texas for them.
Keep reading to learn what a motion to revoke probation in Texas is and how a bail bonds agency in Tarrant County can help you.
What Is a Motion to Revoke Probation?
What is a motion to revoke probation in Texas? At its core, this is a document that’s registered by the state of Texas against a person who was out in the community and violated terms of their probation. It’s important to understand that motion to revoke probation in Texas is a serious issue—an individual could end up in jail and may not be allowed back out until the end of their sentence.
A motion to revoke probation in Texas is usually filed by a probation officer or the State if there was a violation of any stated conditions of the probation. After the motion to revoke probation in Texas is on an individual’s file, there are few actions the court could take.
For instance, the court may issue a summons for the individual out on probation to appear before the judge at a certain date. But that’s not all. The court could also issue an arrest warrant for the person in question.
Common Causes for a Motion to Revoke Probation in Texas
The biggest factor for a motion to revoke probation in Texas is if the terms and conditions of the probation were violated.
In Texas, some of the common causes for a motion to revoke probation include:
- Committing an offense and getting arrested
- Inadequate/no contact with the probation officer
- Neglecting community service
- Not doing court-ordered classes/training
- Failing to do drug tests
How Is a Motion to Revoke Probation Different Than Other Criminal Proceedings?
When there’s a motion to revoke probation in Texas for an individual, don’t expect things to be the same as other criminal proceedings.
This time, the individual has fewer rights. An individual doesn’t have the right to a jury. There’s also a lower burden of proof than during trial proceedings. And hearsay is allowed. This means that the probation officer is allowed to act on the information he/she gathered from others.
Here’s the kicker: during a criminal trial, the courts may be somewhat lenient when it comes to punishment. However, if one violates probation in Texas, the court isn’t obliged to be lenient.
Straight Probation vs. Deferred Adjudication
In Texas, offenders could get two kinds of probation: straight probation or deferred adjudication.
An individual is given straight probation when there’s a conviction because the defendant has been found guilty. Instead of jail time, the judge offers community service. This sort of probation comes with conditions, such as regular meetings with one’s probation officer, substance testing, and enrollment in classes/training.
If an individual violates the conditions of straight probation, they will have to serve the remainder of their sentence in jail. Or they may even be required to serve the maximum sentence in jail.
Deferred adjudication is essentially when the court delays the conviction for an individual while also allowing them to be out of jail and complete their probation program. With this kind of probation in Texas, an individual’s charge may ultimately not become a conviction.
Usually, deferred adjudication is regarded as giving an individual a chance. Violating the terms of this probation could mean no more second chances for the offender and the court could send them to jail for the maximum sentence for their crime.
Range of Punishment
It’s important to note that judges in Texas could invalidate probation at even the first violation—whether it was a felony or misdemeanor. In other words, it’s always up to the judge to determine how he/she wants to proceed. The more violations a defendant has, the less leniency generally from the judge.
After there’s a motion to revoke probation in Texas, an offender could face a range of punishments.
For instance, if an individual violates probation for the first time and they were on probation for a first-time misdemeanor, the judge could simply issue a warning. He or she could also change the conditions of the probation, such as increasing the amount of jail time if a violation happens again or even extending the time of probation.
For someone with a felony offense who has violated the conditions of the probation, the judge may not provide any second chances. The probation could be overturned and the defendant could be sent to jail for the maximum sentence.
Bail Bonds and Hearings
If an individual is sent to jail after a motion to revoke probation in Texas, they are eligible for a hearing within 21 days of the violation. If the individual was out on straight probation, they may not be allowed a bail bond. For those out on deferred adjudication, they are allowed bond. During this time, having an experienced bail bondsman on your side could be a great idea.
How PCS Bail Bonds Can Help
At PCS Bail Bonds, we have over 50 years of combined courthouse experience and 25 years in the bail bond business. Our team has dealt with many cases where our clients were facing a motion to revoke probation in Texas and have been sent to jail. We are a leading provider of bail bonds for probation violations in Tarrant County and have a high success rate of getting our clients out of jail quickly.
If you have questions, or concerns, or just want a free and confidential consultation, get in touch with us today at (888) 335-1655 or email us at PCSDFW@aol.com. We offer competitive rates for bail bonds for probation violations in Texas and we are at your service 24/7.