When you are charged with a crime, you may enter into a plea agreement that provides you to serve a term of probation. Likewise, if you are found guilty of a crime following a trial, the judge may sentence you to serve time on probation, either instead of or in addition to imprisonment.
Alternatively, the judge may suspend or defer your adjudication until you have completed probation. This often occurs if you are a first-time offender; with deferred adjudication, you will not have a conviction on your record. Plus, for some offenses, after a certain period of time has passed, and you have completed your probation successfully, you may be able to get an order of non-disclosure, which seals your criminal record from public view. This can be an attractive option for some people, which is why they are willing to take the risks involved with deferred adjudication, which can be significant.
Probation Revocation and You
Probation generally has different requirements that you must meet. Some of these requirements might include:
• Undergoing periodic drug or alcohol testing
• Refraining from committing additional crimes
• Reporting to a probation officer on a regular basis
• Completing community service
• Paying restitution or fines
If you fail to meet those requirements, you could have your probation revoked. If you already have been convicted of a crime, meaning that your charges are no longer pending and the case is finished, then the judge can revoke your probation and order you to serve the original jail sentence that you would have received if you had not been placed on probation.
If, however, your adjudication was deferred, the charges against you are still pending. If the judge revokes your probation, you could face any of the potential penalties for the crime in question. Therefore, if the crime with which you are charged can result in a ten-year prison sentence, and your probation is revoked, then you have lost your chance at deferred adjudication. You now will have to either go to trial or enter into a plea agreement. Whatever the case may be, you can face a potential ten-year prison sentence.
The criminal defense lawyers of Peek & Toland have handled the legal defense of countless individuals who are facing criminal charges, including charges relating to the revocation of probation. We are here to protect your rights and advocate on your behalf in order to get the best outcome possible in your case. Call our office today at (512) 399-2311 to set up an appointment with our criminal defense attorneys today.