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WHAT THE TEXAS STATUTES SAY ABOUT PROBATION

| Feb 17, 2019 | Criminal Defense |

The legal team at the Kyle Law Firm in Texas understands that probation may be confusing for people who find themselves in the criminal justice system. According to the Texas statutes, if you qualify for community supervision, the court may defer criminal proceedings or suspend some or all of a sentence and place you in a program with conditions you must meet.

The legal team at the Kyle Law Firm in Texas understands that probation may be confusing for people who find themselves in the criminal justice system. According to the Texas statutes, if you qualify for community supervision, the court may defer criminal proceedings or suspend some or all of a sentence and place you in a program with conditions you must meet.

After a risk and needs assessment, the judge will determine what the conditions of your community supervision will be. These must be reasonable, but the judge has considerable latitude. The goal of the terms may include the following:

  • Provide restoration or protection to the community
  • Provide restoration or protection to the victim
  • Provide rehabilitation or reformation to you
  • Punish you

The judge should consider your financial obligations and your ability to meet your community service obligations as well as your ability to work and/or go to school. There are many common probation terms, such as obeying the law and avoiding people who may be disreputable, or who are gang members. In addition, you are likely to be ordered to follow these conditions, depending on your individual circumstances:

  • Staying in a specified geographical area and submitting to electronic monitoring
  • Paying fines and court costs
  • Supporting your dependents by working at suitable employment
  • Allowing your supervision officer into your home or elsewhere
  • Submitting to alcohol and drug testing and attending substance abuse counseling
  • Completing community service work as set by a judge

If there is an allegation that you violated one of the terms of your community supervision, the judge will issue a warrant for your arrest. You must then attend a hearing at which the judge may choose to continue your probation, extend it, change it in another way or revoke it. You have the right to legal representation at the hearing.

More information about probation is available on our webpage.

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