A probation violation is the criminal offense committed when a person fails to follow the terms of their probation order following conviction for a crime—and such a person is said to have violated a condition of probation. Probation is a criminal sentence in lieu of jail or prison, for example, and allows the convicted person to remain in the community under court supervision and while meeting the requirements of the court’s probation order.
For example, the court’s probation order may require the convicted person to attend drug or alcohol treatment programs, avoid drug and alcohol use, submit to drug or alcohol testing, relinquish firearms, perform community service, make restitution payments, not leave the county, not contact or be in the presence of certain persons, and report to a probation officer.
If the defendant received deferred adjudication for the underlying criminal offense that placed the defendant on probation, the defendant was convicted but the final verdict was deferred while the defendant was given the opportunity to successfully complete probation. If the defendant violates probation following a deferred adjudication and the defendant’s probation is revoked, the underlying verdict is finalized and the case goes directly to the sentencing phase—meaning the defendant may immediately go to jail upon sentencing for the underlying conviction.
The question of whether a defendant violated the terms of probation is determined by the judge during a revocation hearing. The defendant has a right to counsel at a probation revocation hearing, and if the defendant is unable to pay for a lawyer (is indigent) the state or federal government must provide a lawyer to represent the defendant at the revocation hearing.
A person may be on probation for a criminal offense prosecuted in the state court system under state law, or in the federal court system under federal law. For example, in the federal court system if the court finds that a defendant violated a condition of probation, the court may continue probation, with or without extending the term or modifying the conditions, or may revoke probation and impose any other sentence that initially could have been imposed. 18 U.S.C. § 3565. For certain violations, revocation is required by statute.
In Texas, a probation violation occurs when an individual fails to adhere to the conditions set forth in their probation order after being convicted of a crime. Probation allows the individual to remain in the community under court supervision instead of serving time in jail or prison. Conditions of probation may include attending treatment programs, abstaining from drugs and alcohol, submitting to testing, surrendering firearms, performing community service, paying restitution, staying within the county, avoiding contact with certain individuals, and regularly reporting to a probation officer. If a person is on deferred adjudication, a probation violation can lead to the finalization of the verdict and immediate sentencing, potentially resulting in jail time. During a revocation hearing, a judge determines if probation has been violated. Defendants have the right to an attorney at these hearings, and if they cannot afford one, the government must provide one. Probation can be under state or federal jurisdiction. Under federal law, specifically 18 U.S.C. § 3565, a court may continue, modify, or revoke probation based on the violation, and impose any sentence that could have been initially imposed. Certain violations may mandate revocation by statute.
