Violating Parole or Probation: Defend Your Violation

Probation Violations in HoustonYou’re likely to be familiar with the Texas criminal system if you’ve been sentenced for a crime and are on parole or probation. During this time, you are obligated to comply with numerous requirements, while your rights may or may not be entirely upheld at all. Probation or parole conditions are particular to each convicted person and will significantly restrict your actions, even if the act is legal.

What is Probation?

Probation is typically permitted instead of a sentence. Rather than incarcerating an offender, they will instead complete a probation period with particular conditions that should be met at all times. Conditions may include a strict curfew or restricted contact with specific people. As the firm of David A. Nachtigall notes, “…the State may file a motion to adjudicate guilt or revoke probation”.

Probation can be either supervised or unsupervised. With supervised probation, the offender must check in regularly with their court appointed probation officer and possibly do community service or attend rehab treatment. Unsupervised probation, on the other hand, does not require supervision by a court appointed supervisor. Nonetheless, the offender must meet enforced conditions within a specific timeframe.

What is Parole?

Parole is a prisoner’s conditional release, provided that they meet specific requirements. The decision to grant parole is in the hands of the parole board, but the court will determine the amount of time that must be served under parole. The parole board considers the prisoner’s perceived possibility of reoffending and good behavior during imprisonment.

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What if You Violate the Conditions of Parole or Probation?

You could intentionally or unintentionally violate the conditions of your parole or probation due to different reasons, such as:

  • Committing or participating in another criminal activity
  • Failing a drug test
  • Failing to report to your probation or parole officer as scheduled
  • Not finishing the required community service hours

According to an expert criminal lawyer in Houston, you can still uphold your rights even if you’ve violated your parole or probation. These include having legal representation, as well as the right to challenge witnesses and present your defense. If you’re facing probation or parole revocation, you might be facing months or years of prison or jail time again.

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