After an alleged offender pleads guilty to or is convicted of a criminal offense, a court can sentence the person to a term of community supervision, which is the term that the 71st Texas Legislature changed adult probation to in 2003. Alleged offenders can be placed on community supervision for up to two years for a misdemeanor or up to 10 years for a felony offense.
When it comes to community supervision, people are often subject to numerous requirements and restrictions. A Violation of Probation charge may lead to community supervision being revoked and replaced with a jail or prison sentence for the original underlying crime.
Did you allegedly violate the terms of your community supervision contact the Law Offices of Richard C. McConathy as soon as possible. Our firm represents people in communities throughout Tarrant County.
Call (940) 222-8004 or contact the Law Offices of Richard C. McConathy today for a consultation about your alleged offense in Denton, Frisco, Lewisville, Flower Mound, and surrounding areas of Denton County, Texas. We can help you better understand the nature of your charges and also examine your possible defense options.
Judges who are handling criminal cases will also determine the conditions of community supervision for an alleged offender. Texas Code of Criminal Procedure § 42A.301 establishes that a judge can impose “any reasonable condition that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the alleged offender.”
Conditions of probation vary depending on an alleged offender’s prior criminal record and the nature of a crime they were convicted for, in addition to other factors. The conditions most frequently imposed under community supervision generally include, but are not limited to:
Alleged violations of probation are very common, and it is important for a person to make sure that they are working with a criminal defense lawyer who can help explain certain actions and seek possible alternative outcomes to incarceration. Prosecutors are more willing to work with alleged offenders who make good faith efforts to correct oversights.
Alleged probation violations could be technical or substantive. When an alleged offender commits a technical violation, it is typically the result of some kind of failure to satisfy a certain condition of his or her community supervision, such as paying a fine or meeting with a probation officer.
If an alleged offender commits a new criminal offense while on community supervision, it is considered a substantive violation. While isolated technical violations might result in little more than a warning, substantive violations or repeat technical violations can lead to the probation officer possibly requesting that the judge revoke the community supervision or add more conditions.
In certain cases, a supervision officer may seek a warrant for an alleged offender’s arrest. When people are accused of violating the terms of community supervision, they are entitled to a hearing at which they can attempt to explain or provide defenses as to the alleged probation violations.
Violation of community supervision hearings are not the same as criminal trials. Instead of a jury, the only person who hears the case and renders a decision is the judge who originally imposed the alleged offender’s sentence.
The State also has much lower burden of proof in these cases, only needing to prove an alleged violation by a preponderance of the evidence instead of beyond a reasonable doubt. The preponderance of the evidence standard means that essentially more than half of the evidence supports the State’s argument and the alleged offender “more likely than not” committed the alleged violation.
When a judge renders his or her decision after an alleged violation of community supervision hearing, the alleged offender’s probation may be reinstated without any changes, modified, or revoked. If the judge modifies the community supervision, changes could possibly include new or increased penalties such as:
If a judge revokes an alleged offender’s probation, it could result in that person receiving the maximum allowable jail or prison sentence for the underlying criminal offense.
Community Supervision and Corrections Department — Visit this website to learn more about the Tarrant County Community Supervision and Corrections Department. You can download forms, read answers to frequently asked questions, and pay court-ordered financial obligations. The Tarrant County Community Supervision and Corrections Department has the following address:
200 W. Belknap Fort Worth, Texas 76196-0225 817-884-1600Texas Department of Criminal Justice (TDCJ) — The TDCJ provides funding and certain oversight of community supervision in addition to being responsible for the supervision of offenders released from prison on parole or mandatory supervision. On this website, you can learn about the different divisions and departments of the TCDJ, read answers to frequently asked questions, and access other online services. You can also download annual reviews for every year going back to 2005.
If you allegedly committed any kind of violation of your community supervision in Tarrant County, it is in your best interest to make sure that you have legal counsel as soon as possible. The Law Offices of Richard C. McConathy fights to protect the rights of clients in numerous communities all over Tarrant County.
Certain probation violations may lead to possible criminal penalties that can include fines and jail time. You should do everything in your power to avoid these kinds of punishments, and the Law Offices of Richard C. McConathy will be committed to helping you achieve the most favorable result to your case.
Contact the Law Offices of Richard C. McConathy today at (940) 222-8004 for a consultation about your alleged offense in Denton, Frisco, Lewisville, Flower Mound, and surrounding areas of Denton County, Texas.