Violation of Probation
The 71st Texas Legislature changed the term adult probation to community supervision in 2003, but many people still refer to the process by its former name. People are typically placed on community supervision following their release from a correctional facility or as an alternative to a prison or jail sentence.
Individuals who are placed on probation in Denton County are expected to abide by the terms of their community supervision. Certain violations of the terms of community supervision can result in serious penalties, including possibly receiving the maximum sentence for the original underlying crime.
Attorney for Violation of Probation in Denton, TX
If you allegedly violated the terms of your community supervision in Denton County, it will be in your best interest to immediately retain legal counsel. The Law Offices of Richard C. McConathy aggressively defends clients in The Colony, Argyle, Flower Mound, Highland Village, Lewisville, Little Elm, and many surrounding areas of Denton County.
Denton criminal defense lawyers Richard McConathy and Brian Bolton can fight to have the conditions of your probation reinstated or possibly even modified to terms that better fit your needs. Call 940-222-8004 today to have our attorneys review your case and answer all of your legal questions during a free, confidential consultation.
Overview of Violation of Probation Denton County
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Types of Violations of Probation in Texas
Texas Code of Criminal Procedure § 42A.301 establishes that judges having jurisdiction of criminal cases determine the conditions of community supervision. A judge can impose “any reasonable condition that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the alleged offender.”
Some of the conditions of community supervision listed under this statute that an alleged offender may be required to comply with include, but are not limited to:
- Commit no offense against the laws of Texas or of any other state or of the United States;
- Avoid injurious or vicious habits;
- Avoid persons or places of disreputable or harmful character, including any person, other than a family member of the alleged offender, who is an active member of a criminal street gang;
- Report to the supervision officer (commonly referred to as a parole officer) as directed by the judge or supervision officer and obey all rules and regulations of the Denton County Community Supervision and Corrections Department;
- Permit the supervision officer to visit the alleged offender at the alleged offender's home or elsewhere;
- Work faithfully at suitable employment to the extent possible;
- Remain within a specified place;
- Pay in one or more amounts the alleged offender's fine, if one is assessed, and all court costs, regardless of whether a fine is assessed;
- Support the alleged offender's dependents;
- Participate, for a period specified by the judge, in any community-based program, including a community service project;
- Reimburse the county in which the prosecution was instituted as follows: if counsel was appointed, an amount for compensation paid to appointed counsel for defending the alleged offender in the case; or if the alleged offender was represented by a public defender's office, an amount that would have been paid to an appointed attorney had the county not had a public defender's office;
- If under custodial supervision in a community corrections facility: remain under that supervision; obey all rules and regulations of the facility; and pay a percentage of the alleged offender's income to the facility for room and board, and the alleged offender's dependents for their support during the period of custodial supervision;
- Submit to testing for alcohol or controlled substances;
- Attend counseling sessions for substance abusers or participate in substance abuse treatment services in a program or facility approved or licensed by the Department of State Health Services;
- With the consent of the victim of a misdemeanor offense or of any offense under Title 7 of the Texas Penal Code, participate in victim-alleged offender mediation;
- Submit to electronic monitoring;
- Reimburse the compensation to victims of crime fund for any amounts paid from that fund to or on behalf of a victim of the offense or if no reimbursement is required, make one payment to the compensation to victims of crime fund in an amount not to exceed $50 if the offense is a misdemeanor or not to exceed $100 if the offense is a felony;
- Reimburse a law enforcement agency for the analysis, storage, or disposal of raw materials, controlled substances, chemical precursors, drug paraphernalia, or other materials seized in connection with the offense;
- Pay all or part of the reasonable and necessary costs incurred by the victim for psychological counseling made necessary by the offense or for counseling and education relating to acquired immune deficiency syndrome or human immunodeficiency virus made necessary by the offense;
- Make one payment in an amount not to exceed $50 to a crime stoppers organization and as certified by the Texas Crime Stoppers Council;
- Submit a DNA sample to the Department of Public Safety for the purpose of creating a DNA record of the alleged offender;
- In any manner required by the judge, provide in the county in which the offense was committed public notice of the offense for which the alleged offender was placed on community supervision; and
- Reimburse the county in which the prosecution was instituted for compensation paid to any interpreter in the case.
Alleged violations of community supervision can be technical or substantive. A technical violation is usually an alleged offender failing to fulfill a certain requirement of his or her probation (such as reporting to a probation officer or paying a fine), but a substantive violation involves an alleged offender committing a new criminal offense.
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Denton County Penalties for Violation of Probation
Alleged offenders accused of violating the terms of community supervision are entitled to hearings, but probation violation hearings are much different than traditional criminal trials. Only the judge who originally imposed the probation conditions hears the case (there is no jury), and the state only needs to prove an alleged violation by a preponderance of the evidence—which often means “more likely than not” and is a much lower burden of proof than the standard of beyond a reasonable doubt that is used in criminal cases.
After a judge reaches a decision in an alleged probation violation hearing, the court will typically do one of three things:
- Reinstate Community Supervision — The judge may simply order that an alleged offender continue to fulfill the terms of the probation originally imposed without adding any new sanctions;
- Modify Community Supervision — The judge may change the original conditions or add new conditions to an alleged offender’s probation, such as extending the term of community supervision, requiring additional community service, or ordering more drug or alcohol testing; or
- Revoke Community Supervision — The judge may decide to cancel an alleged offender’s community supervision and impose the entire jail or prison sentence that was possible for the original underlying criminal offense.
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Texas Resources for Violation of Probation
Community Supervision and Corrections Department | Denton County, Texas — On this website, you can learn more about the Denton County Community Supervision and Corrections Department. Read about its mission statement, find answers to frequently asked questions, and pay fines and court costs. The Community Supervision and Corrections Department has five locations in the county, including the following office:
Adult Probation Community Supervision and Corrections Building
650 S. Mayhill Rd.
Denton, TX 76208
Community Justice Assistance Division (CJAD) | Texas Department of Criminal Justice (TDCJ) — The CJAD administers community supervision in Texas by working with the community supervision and corrections departments that supervise the offenders. Visit this website to learn more about the eight sections of the CJAD, view the definitions of commonly used acronyms, and read about how community supervision differs from parole. You can also access various publications and fact sheets.
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The Law Offices of Richard C. McConathy | Denton Violation of Probation Defense Lawyer
Have you been accused or do you think that you might have violated your community supervision in Denton County? You will not want to attend any hearing without legal representation. Contact The Law Offices of Richard C. McConathy as soon as possible.
Richard McConathy and Brian Bolton are experienced criminal defense attorneys in Denton who represent individuals all over Denton County, including Argyle, The Colony, Little Elm, Lewisville, Highland Village, Flower Mound, and many other nearby communities. They can provide a complete evaluation of your case when you call 940-222-8004 or submit an online contact form to schedule a free initial consultation.
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