Violation of Probation
If your probation officer has alleged that you violated a technical or substantive provision of your probation (often called "community supervision"), then the probation office can file an affidavit asking the court to file a Motion to Revoke Probation or a Motion to Adjudicate.
These motions for probation revocation or adjudication will list the ways you did not complete the special conditions of your probation. The court will then issue a warrant for your arrest for the violation of probation.
The most common probation violations in San Antonio and Bexar County involve:
- committing a new criminal offense or violation of the law;
- failing a drug test with a dirty urine;
- failing to report for a scheduled meeting with your probation officer;
- moving without permission (often called "absconding");
- not completing a requirement of your probation such as counseling or classes; or
- not completing community service.
In a probation revocation hearing, the court does not have to decide whether the violation occurred beyond all reasonable doubt. Instead, the court will use a lower standard known as the preponderance of the evidence. Furthermore, probation revocation hearings are heard before the court and not a jury.
If the court finds by a preponderance of the evidence that you violated your probation, then the court can sentence you to the maximum sentence that could have originally be imposed for that offense. So if you are on probation, then the court can sentence you to up to five years in prison.
If you are no probation with deferred adjudication, then there is no set amount of years set as your maximum punishment. Instead, you are eligible to get the entire range of punishment available.
After an arrest for a violation of probation, you are entitled to have a hearing within 21 days. If you are on probation with deferred adjudication then you are entitled to have a bond set. If you are on regular probation, then the court can, but is not required to, hold you on “no bond.
Adult Probation Department in San Antonio - Learn more about the Community Supervision & Corrections Department (also known as “Adult Probation Department” or (CSCD)) located at 207 North Comal in San Antonio, TX. The CSCD in Bexar County is a professional criminal justice agency that supervises more than 30,000 individuals sentenced to probation and residing in Bexar County. The CSCD enforces the court ordered conditions of community supervision and provides a wide range of rehabilitative services and resources. With more than 300 community supervision officers (probation officers), assistant supervisors, supervisors, and administrators, the department also has more than 200 additional employees that provide support.
Attorney for Violation of Probation in San Antonio, TX
If you were sentenced to community supervision (often called "probation") on a misdemeanor or felony offense in San Antonio, TX, then contact an experienced criminal defense attorney if your community supervision officer is going issue a violation.
Don't just wait to be picked up on the warrant. Instead, contact a criminal defense attorney who can help you come into compliance quickly or ask the court to just reinstate your probation so that you can have another chance to complete probation. Call (210) 738-8383 today to discuss your case.