Full question:
What is unsatisfactory termination of probation, and can you be arrested as a violator,for that same violation at a latter date?
- Category: Criminal
- Subcategory: Probation
- Date:
- State: Texas
Answer:
Community supervision, formerly known as probation, allows a defendant to remain in the community under specific court-imposed conditions and supervision. The maximum duration for community supervision is ten years for felonies and two years for misdemeanors (three years if extended by the judge). In cases of indecency with a child, sexual assault, or aggravated sexual assault, the judge may extend supervision by up to ten additional years. Conditions typically include: (1) not committing any new offenses; (2) reporting to a supervision officer as required; (3) allowing home visits by the officer; (4) maintaining suitable employment; (5) staying within designated areas; and (6) paying restitution and fines.
Eligibility for community supervision depends on several factors, including the type of supervision, the offense, prior convictions, and whether the defendant pleads guilty. There are different types of community supervision, such as regular community supervision, deferred adjudication, and continuing jurisdiction community supervision (formerly shock probation).
If a defendant violates any conditions, the prosecutor can file a motion to revoke supervision, leading to potential arrest and a hearing within twenty days. The state must prove the violation by a preponderance of the evidence. After the hearing, the judge may continue, modify, or revoke the supervision. In deferred adjudication cases, if the defendant violates conditions, they may face adjudication of the original charge without the ability to appeal.
It is advisable to consult with your parole officer and possibly a local criminal defense attorney to understand the implications of unsatisfactory termination of community supervision and the risks of re-arrest. While double jeopardy laws prevent double prosecution for the same offense, a probation violation can lead to prosecution for the underlying offense since probation was a condition of the adjudication.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.