If you violate probation (called community supervision in Texas), the court can respond in several ways—ranging from continuing probation with no changes, to modifying conditions, to revoking probation altogether. In more serious situations, a violation can result in jail or prison time. The outcome depends on the type of probation, the alleged violation, and how the court exercises its discretion under Texas law.
For individuals facing a probation issue in The Woodlands or Montgomery County, understanding how the process works—and what is at stake—can make a critical difference.
Understanding Probation in Texas (Community Supervision)
In Texas, “probation” is legally referred to as community supervision. It allows a person convicted of a crime—or placed on deferred adjudication—to remain in the community under court-ordered conditions instead of serving a sentence in jail or prison.
Community supervision is governed by Chapter 42A of the Texas Code of Criminal Procedure, which gives judges broad authority to impose, modify, or revoke probation based on compliance.
Probation is not a dismissal or a free pass. It is a conditional alternative to incarceration, and violating those conditions can bring a defendant back before the court.
Types of Probation in Texas
Before understanding what happens when probation is violated, it’s important to understand which type of probation applies, because the consequences differ.
Regular (Straight) Probation
With regular community supervision:
- A conviction has already occurred.
- The court suspends the jail or prison sentence.
- If probation is revoked, the judge may impose any sentence allowed for the original offense, within statutory limits.
Deferred Adjudication
Deferred adjudication works differently:
- The court does not enter a finding of guilt at the outset.
- The defendant is placed on probation with conditions.
- If probation is completed successfully, the case may be dismissed.
- If probation is violated, the State can ask the court to adjudicate guilt, which may result in a conviction and sentencing.
This distinction is critical because deferred adjudication violations often carry more severe long-term consequences.
What Counts as a Probation Violation?
A probation violation occurs when a person fails to follow any condition ordered by the court. Violations generally fall into two categories.
Technical Violations
These do not involve a new criminal offense, but they can still lead to serious consequences. Examples include:
- Missing probation appointments
- Failing or refusing a drug or alcohol test
- Not completing court-ordered classes or counseling
- Falling behind on fines, fees, or restitution
- Traveling without permission
- Violating curfews or location restrictions
New Criminal Offenses
Being arrested or charged with a new crime while on probation is often treated as a significant violation, even if the new case is still pending.
Importantly, the court does not need a new conviction to consider a probation violation.
What Happens After a Violation Is Alleged?
Step 1: A Motion Is Filed
If a probation officer or prosecutor believes a violation occurred, the State may file:
- A Motion to Revoke Community Supervision, or
- A Motion to Adjudicate (for deferred adjudication cases)
This filing formally asks the court to take action based on the alleged violation.
Step 2: Summons or Arrest Warrant
Once the motion is filed, the judge may issue:
- A summons, requiring the individual to appear in court, or
- A capias (arrest warrant), which can lead to immediate custody
Whether a summons or warrant is issued often depends on the severity of the alleged violation and the person’s prior compliance history.
Step 3: Detention Pending Hearing
If arrested, the individual may remain in custody until a hearing is held. In some cases, bond may be available; in others, it may not.
The Probation Violation Hearing
A probation violation hearing is not the same as a criminal trial.
No Jury
These hearings are typically held before a judge only, not a jury.
Lower Burden of Proof
The State must prove the violation by a preponderance of the evidence, meaning it is more likely than not that the violation occurred. This is a lower standard than “beyond a reasonable doubt.”
Evidence Considered
Judges may consider:
- Testimony from probation officers
- Drug test results
- Payment records
- Attendance logs
- Police reports
- Witness statements
Even a single proven violation can be enough for the court to act.
Possible Outcomes After a Violation Is Found
Texas law gives judges broad discretion. Outcomes vary depending on the facts of the case, the individual’s history, and the judge’s assessment.
1. Probation Continued Without Changes
In limited cases, the court may choose to continue probation as-is, especially if the violation is minor and quickly corrected.
2. Probation Modified
The court may modify conditions by:
- Extending the probation term
- Adding more reporting requirements
- Ordering additional treatment or counseling
- Imposing short jail sanctions (in some cases)
- Increasing fines or community service
3. Probation Revoked (Regular Probation)
If probation is revoked, the judge may impose the original suspended sentence, including jail or prison time, as permitted by law.
4. Adjudication of Guilt (Deferred Adjudication)
For deferred adjudication:
- The judge decides whether to formally find the defendant guilty
- If guilt is adjudicated, sentencing follows
- The court may impose any sentence within the legal range, regardless of the original plea agreement
This is often the most serious consequence of a probation violation.
Can Probation Be Revoked After the Term Ends?
In many situations, yes.
If the State files a motion and the court issues a warrant or summons before the probation period expires, the court may still have jurisdiction—even if the hearing occurs later. This surprises many people who assume probation “expires” automatically.
Why Probation Violations Are So Serious
From a practical standpoint, probation violations can affect more than just the current case. They may impact:
- Freedom and custody status
- Employment and professional licensing
- Immigration consequences for non-citizens
- Criminal history and future sentencing exposure
Even technical violations can escalate quickly if not handled properly within the legal system.
Conclusion
Probation violations in Texas carry serious consequences, even when the alleged violation seems minor. From modified conditions to incarceration or adjudication of guilt, the stakes can be high—especially in deferred adjudication cases.
If you are facing a probation issue in The Woodlands or Montgomery County, speaking with an experienced criminal defense attorney can help you understand the process and what comes next.
For more information or to schedule a confidential consultation, contact Morgan Bourque Attorney at Law at (713) 766-6001.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.