Being placed on probation (or community supervision) is an opportunity to remain in the community while complying with conditions ordered by the court. Those conditions can include reporting to a supervision officer, submitting to drug testing, completing treatment, paying certain amounts, avoiding new offenses, and following other court requirements.
But what happens if someone violates one of those conditions?
In Texas, the consequences can be serious, but a probation violation does not automatically mean the person will go to jail. The next steps depend on the alleged violation, the type of community supervision, the case, and what the judge decides after the appropriate proceedings.
Here’s a general overview of what can happen after an alleged probation violation.
What Is a Probation Violation?
In Texas, probation is generally referred to as community supervision. A violation occurs when a person allegedly fails to comply with one or more conditions imposed by the court.
Examples can include:
- Missing a required meeting with a supervision officer
- Failing a drug or alcohol test
- Failing to complete a required program
- Committing a new offense
- Failing to pay an amount when legally required and financially able to do so
- Leaving the jurisdiction without permission
- Failing to complete community service
- Violating another specific condition of supervision
The exact conditions depend on the individual case.
Can You Be Arrested for a Probation Violation?
Yes. Texas law allows a judge to issue a warrant for an alleged violation of a condition of community supervision. A person arrested for an alleged violation may be held in custody while the court determines how to proceed.
Texas law also provides that, subject to applicable provisions, a person arrested for an alleged violation must be taken before the appropriate judge or magistrate without unnecessary delay and no later than 48 hours after arrest.
Importantly, the judge who ordered the arrest is the one who may authorize release on bail in this context.
Is Bail Possible After a Probation Violation?
Potentially.
A probation violation is different from an ordinary new arrest, and the availability and terms of release depend on the circumstances and applicable court orders.
Texas law provides that only the judge who ordered an arrest for an alleged community-supervision violation may authorize the defendant’s release on bail under the applicable statute.
That means you should not assume that the same bail process used for the original criminal case will automatically apply to a probation violation.
If someone has been arrested on a probation violation warrant, contacting the appropriate attorney and a bail bond company promptly can help you understand what options may be available.
What Happens at a Probation Violation Hearing?
If the defendant has not been released on bail as permitted by law, Texas law provides a procedure for requesting a hearing on the alleged violation.
The hearing is conducted without a jury.
At the hearing, the court considers the alleged violation and the evidence presented. If the court determines that a violation occurred, it can decide what consequence is appropriate under the law.
Depending on the circumstances, the court may:
- Continue community supervision
- Modify the conditions of supervision
- Extend the supervision period when permitted
- Impose additional sanctions
- Revoke community supervision
The specific options depend on the offense, the type of supervision, the alleged violation, and applicable law.
Can Probation Be Continued Instead of Revoked?
Yes. A probation violation does not necessarily result in immediate revocation.
Texas law gives judges authority in appropriate cases to continue or modify community supervision after a violation. Additional conditions may be imposed, and the supervision period may sometimes be extended.
For example, the court may impose additional requirements such as community service or treatment, depending on the circumstances and what is authorized by law. This is one reason it is important not to assume that an alleged violation automatically means a prison or jail sentence.
What Happens If Probation Is Revoked?
Revocation can have much more serious consequences. Under Texas law, if community supervision is revoked following the required hearing, the judge may dispose of the case as if community supervision had not been imposed.
The court’s options depend on the original offense and sentence.
For someone facing a motion to revoke, it is important to understand that the consequences can be substantial and that the person’s attorney may have an opportunity to challenge the allegations and present relevant information to the court.
What If the Violation Is a New Criminal Charge?
A new arrest can create additional complications. The new criminal case and the alleged probation violation can involve separate legal proceedings, although they may affect one another. A person should speak with a criminal defense attorney as soon as possible to understand how the new charge may affect community supervision.
Do not assume that resolving the new criminal charge automatically resolves the probation violation.
What Should You Do After a Probation Violation Arrest?
If you or a family member has been arrested for an alleged probation violation:
- Take the situation seriously
Ignoring the warrant or assuming it will disappear can create additional problems.
- Contact an attorney
A Texas criminal defense attorney can review the allegations, the conditions of supervision, and the procedural status of the case.
- Find out whether release is available
Ask the court, attorney, or licensed bail bond agent about the current release status and whether a bond has been authorized.
- Gather the relevant paperwork
Information about the original case, supervision conditions, court orders, and alleged violation can help professionals understand the situation.
- Follow all new instructions
If released, carefully follow every condition imposed by the court.
Cowboy Bail Bonds Can Help Explain the Bonding Process
A probation violation can be stressful for the defendant and the entire family. Cowboy Bail Bonds can help explain the bail bond process and answer questions about what information may be required to arrange a bond.
Our licensed bail bond agents are available 24/7 to assist with bail bond needs.
If you or someone you love has been arrested on a probation violation warrant, contact Cowboy Bail Bonds to discuss the available bonding process.