probation violations

Common Probation Violations in Texas

By Peek & Toland on September 16, 2019

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.

Common Probation Violations in Texas

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.

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Parole and Probation Violators Make Up Bulk of Prison Population

By Peek & Toland on September 8, 2019

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.

Parole and Probation Violators Make Up Bulk of Prison Population

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. If 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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