what happens when you break probation in texas

Texas Adult Community Supervision Violations

Consequences of Supervision Violations

Violation of the conditions of community supervision in Texas can result in a range of consequences, determined by the severity of the violation and the individual's history. These consequences are outlined in the Texas Code of Criminal Procedure and are adjudicated by the supervising court.

Revocation Hearing

A violation typically leads to a revocation hearing. At this hearing, the court will determine whether a violation occurred and, if so, the appropriate sanction.

Possible Sanctions

  • Warning: A formal warning may be issued for minor infractions.
  • Increased Supervision: This can involve more frequent check-ins, drug testing, or other monitoring.
  • Additional Conditions: New conditions, such as participation in specific programs (e.g., substance abuse treatment, anger management), may be imposed.
  • Jail Time: Violation of supervision can result in a sentence to jail or prison, up to the maximum allowed for the original offense. The length of incarceration varies widely depending on factors such as the original sentence, the severity of the violation, and the individual's history.
  • Modification of Community Supervision: The court may modify the terms of community supervision, extending the period of supervision.

Factors Influencing Sanctions

Several factors influence the court's decision regarding sanctions. These include the nature and severity of the violation, the individual's compliance history, demonstration of remorse, and any mitigating circumstances.

Legal Representation

Individuals facing revocation of community supervision are entitled to legal representation. An attorney can advise on legal rights, advocate for mitigating circumstances, and help navigate the legal process.

Types of Violations

Violations can range from technical violations (e.g., missing appointments, failing a drug test) to substantive violations (e.g., committing a new offense).

Appeal Process

A person may have the right to appeal the court's decision regarding the revocation of community supervision, subject to the rules and timelines established by Texas law.