When you are convicted of a crime, you may have to serve a period of community supervision instead of or in addition to a jail term. While on probation, however, you are subject to various terms and conditions, including reporting to a probation officer regularly, paying fees regularly, and other restrictions.
While there are many different probation violations, some violations occur more than others. In DWI cases, a common probation violation occurs when drivers have an ignition interlock device installed on their vehicles, and it registers alcohol when they blow into it. Other common probation violations may include:
- Committing another crime
- Failing a drug test
- Failing to report to appointments with your probation officer
- Missing community service hours
You might also be subject to probation revocation if you fail to complete drug counseling, an alcohol education class, or another type of course as ordered. Depending on your specific conditions of probation, you may violate your probation in other ways, as well.
The legal standard for proving a probation violation is much lower than the standard for determining that someone committed a crime. When you are accused of a crime, the prosecutor must prove that you committed the crime beyond a reasonable doubt to convict you. However, when you are charged with a probation violation, the prosecutor must prove that you committed the probation violation only by a preponderance of the evidence. In other words, the prosecutor must show that it is more likely than not that you violated probation. Plus, the judge can find you guilty of a probation violation and sentence you to jail without a jury hearing your case.
If you or a family member is facing accusations of a probation violation or any other criminal charges, we may be able to help. As experienced Texas criminal defense attorneys, we have the knowledge needed to help you navigate through often-complex criminal proceedings. Call us today at (512) 399-2311 and schedule an appointment with one of our criminal defense lawyers and learn how we can assist you.