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
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
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) 474-4445 and schedule an appointment with one of our criminal defense lawyers and learn how we can assist you.
Parole and probation programs are designed
to offer alternatives to incarceration by allowing them to serve sentences for
criminal convictions outside of jail or prison walls. According to a report by
the Council of State Governments Justice
Center (CSG), a large portion of prison inmates are
incarcerated due to probation or parole violations, either due to technical
violations or new offenses. This disappointing data undermines the premise of
probation and parole in general.
The report states that 45% of state prison
admissions across the country are based on parole or probation violations,
whether for new offenses or technical violations. As many as one-third of these
violations are due to technical violations, although others are far more
serious, such as violations for committing new crimes. Some examples of
technical violations include failing drug tests, being around others with criminal
records, and being out past curfew.
Overall, nearly one in every four inmates,
or 280,000, are incarcerated for these violations on any given day. In 13
different states, more than one in three people are incarcerated due to
supervision violations daily. In the state of Texas, about 16% of the
incarcerated population is due to probation or parole violations on any given
day, or just under 23,000 people.
The total proportion of state prison
admissions based on supervision violations in 20 states is over 50%. Texas is
only slightly below that mark, coming in at 47%. These statistics show that
half the prison admissions in half the country are solely due to parole or
probation violations, which is a high cost to society. Based on this report,
the costs of incarcerating these individuals top $9.3 billion annually.
you or a family member is facing any 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) 474-4445 and
schedule an appointment with one of our criminal defense lawyers and learn how
we can assist you.
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