Being placed on probation in Texas allows you to avoid jail or prison time, continue working, and remain with your family. But probation comes with strict rules set by both the court and your probation officer. If you violate any of those conditions, even unintentionally, the consequences can be severe. Some violations are minor, while others can lead to immediate arrest or a request from the prosecutor to revoke your probation entirely.
Understanding what happens after a violation and how to protect yourself can significantly affect how your case moves forward.
What Counts as a Probation Violation in Texas?
Probation, also called community supervision, requires you to follow specific conditions. A violation can be technical or direct, and both are taken seriously.
Common probation violations include:
- Missing a meeting with your probation officer.
- Failing to report a change of address or employment.
- Testing positive for drugs or alcohol.
- Failing to complete classes, counseling, or community service.
- Contacting someone you were ordered to avoid.
- Being arrested for a new offense.
- Failing to pay fines, fees, or restitution when ordered.
Even one violation can trigger immediate action by your probation officer.
What Happens After a Probation Violation Is Reported?
Once a probation officer believes you violated the terms, the following steps happen quickly.
- A Violation Report Is Filed
Your probation officer reports the violation to the judge. The report describes the breach and explains why the officer believes action is needed.
- A Motion to Revoke or Modify Probation
The prosecutor may file a motion asking the court to revoke your probation or to modify its terms. Revocation means the judge could send you to jail or prison to serve the original sentence. A modification may add new rules, extend your supervision, or require additional classes or treatment.
- You May Be Arrested
Some violations, such as a new criminal charge or repeated failures to follow probation rules, may result in a warrant for your arrest. In other cases, you may receive notice to appear in court.
- A Probation Violation Hearing
Texas law requires a hearing where the judge reviews the allegations. Unlike a criminal trial, the state needs only to prove a violation by a preponderance of the evidence. This means the judge must believe it is more likely than not that you violated the terms.
At this hearing, you have the right to:
- Be represented by an attorney.
- Review the evidence against you.
- Present your own evidence.
- Call witnesses.
- Argue for your probation to continue.
A strong defense can prevent a violation from leading to jail time.
Possible Consequences of a Probation Violation
What happens next depends on the severity of the violation, your criminal history, your performance on probation, and the judge overseeing your case.
Possible outcomes include:
- A warning from your probation officer.
- Additional classes, counseling, or drug treatment.
- Increased reporting requirements.
- More community service hours.
- Extended probation.
- Stricter conditions, such as curfews or electronic monitoring.
- Revocation of probation and jail or prison time.
Judges often consider whether the violation was intentional, whether you have been otherwise compliant, and whether you pose a risk to the community.
Defenses and Strategies That May Help
A probation violation does not automatically mean you will be revoked.
There are several defenses your attorney may raise depending on the facts, including:
- The alleged violation never occurred.
- The condition was unclear or improperly communicated.
- You made a reasonable effort to comply.
- Circumstances outside your control caused the violation.
- The violation was minor and does not justify revocation.
- The state cannot prove the violation.
In many cases, the goal is to show the judge that you are taking probation seriously, that you are willing to correct any mistakes, and that revocation is unnecessary.
Why Legal Representation Matters Immediately
Probation violation hearings move fast. Without an attorney, you risk losing your freedom before you fully understand your options.
Our Texas criminal defense lawyers can:
- Review the allegations and identify weaknesses in the state’s case.
- Negotiate with the prosecutor for a modification instead of revocation.
- Present evidence that explains or disproves the violation.
- Work to keep you out of jail.
The sooner you get legal help, the more options you have.
Talk to Our Texas Probation Violation Attorneys Today
If you have been accused of violating your probation or believe a violation may be reported soon, do not wait. Peek Law Group can help you understand your rights, protect your freedom, and fight to keep your probation intact.
Call (512) 399-2311 or fill out our online form to speak with a San Antonio criminal defense attorney who can guide you through the process.
