For many accused of criminal activity, the idea of spending time behind bars is often the most troubling aspect of this process. As such, it can be a significant relief when you are sentenced to probation if you are found or plead guilty to the crime for which you are accused. However, many are unaware of what this process entails. If this reflects your circumstances, you’ll want to keep reading to learn more about what happens when you are placed on probation, as well as the importance of working with Houston criminal defense attorneys.
What Does It Mean to Be On Probation?
First and foremost, it’s imperative to understand that, though they are similar, probation and parole are two different processes. Regardless, in order for either to be imposed by the courts, someone must be found guilty or enter a guilty plea. Generally, parole is the early conditional release of someone serving time behind bars, while probation is a sentence in place of prison as an alternative rehabilitation process.
When you are ordered to probation, there are several terms and conditions you must adhere to as someone on probation. Typically, these standard conditions in Texas include the following:
- Not violating any other laws
- Maintaining employment
- Avoiding illegal substances
- Checking in with your probation officer as instructed
- Subjection to home visits and inspections by your officer
- Obtaining permission before traveling
- Participating in community service
- Paying all fines, fees, and restitution associated with your case
- Obtaining your GED if you have not done so already
You should note that additional terms may be implemented based on the circumstances of your case. For example, depending on the crime, you may also need to participate in alcohol education courses, register as a sex offender, or take life skills classes.
Finally, probation is not offered to all offenders, as certain crimes are excluded. Typically, this includes any crimes with sentences longer than ten years, like murder, aggravated kidnapping, sexual assault, and burglary, among others.
What Happens if I Violate the Terms?
If you are accused of violating the terms of your probation, a court hearing will take place. Generally, this entails a warrant being issued for your arrest and being held in custody for the duration of the hearing. The prosecution will present evidence to show that a violation has occurred, while you and your attorney can defend against the alleged violation. For example, if you are accused of failing to meet with your probation officer, you may be able to defend the violation by showing that you were in the hospital at the time and unable to contact them. Regardless, if you are found not to have violated your probation, you’ll continue as normal. However, if you are found in violation, you can face consequences such as additional terms, extending the probation, or complete revocation, meaning you would end up behind bars.
When you are accused of violating the terms and conditions of your probation, working with an experienced attorney with the Gonzalez Law Group is in your best interest. Our firm will do everything possible to help you fight these allegations. Contact us today to learn how we can fight for you.