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Leading Houston Criminal Lawyer » Struggling With Probation?

As an alternative to sentencing a defendant to a jail term, a judge may select to sentence a defendant to probation. Probation releases a defendant back into the community, but the defendant doesn't necessarily have exactly the same level of independence as a regular citizen. Probation comes with conditions that restrict a probationer's behavior, and if the probationer violates one of those conditions, the court may revoke or change the probation.

Courts generally grant probation for first-time or low-risk offenders. Statutes determine when probation is possible, however it is up to the sentencing judge to figure out whether or not to essentially allow probation.

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Even though sentencing judges have this discretion, they will have to still remain within the statutory limits when allowing probation. By way of example, a judge can never impose probation for a period longer than the maximum sentence prescribed by statute.

Probation has three primary goals:

• To rehabilitate the defendant


• To safeguard society from further criminal conduct by the defendant


• To protect the rights of the victims

Once a judge has granted probation, the matter moves into the jurisdiction of probation officers, who monitor the probationer’s compliance with the terms of the probation.

Probation Conditions

Conditions are an inherent part of probation. Judges set conditions in order to meet the goals for probation stated above. A probationer should comply with these conditions otherwise the court could very well impose a jail sentence or add more restrictive conditions to their probation.

Courts ordinarily have a great deal of discretion when setting probation conditions, however that doesn’t mean that judges can set whatever terms they want. Probation conditions should be reasonable. This indicates that the conditions cannot be vindictive, vague, overbroad or arbitrary. Additionally, the conditions need to be related to the protection of the public. Also, if a judge wishes to impose special conditions, those conditions need to relate to the nature of the criminal offense that the probationer committed.

Judges set the conditions, nevertheless probation officers enforce them. If the probation officer finds probable cause to believe that the probationer has violated the terms of the probation, the judge may perhaps either change the terms of the probation or revoke the probation and impose a jail sentence.

Probation Revocation

Because the probationer’s freedom is at stake, however, the probationer must receive some procedural due process before a court revokes their probation. While the verdict to revoke probation, just like the decision to grant probation, is at the court’s discretion, the court has to go through a few procedural requirements prior to revoking probation. The probationer facing revocation doesn’t have as many legal rights during revocation proceedings as they do throughout the original criminal trial, however.

In order to revoke probation, a court has to provide the probationer with notice of the proposed revocation and conduct a hearing on the matter. The probationer has a right to testify at the hearing, present supporting witnesses, and confront the witnesses against them. The probationer also has a right to a neutral hearing body, and must receive a written statement containing the reasons for revoking probation.

If there is sufficient evidence, a violation of even a single condition may result in revocation of probation. The violated condition has to be valid, however. If a condition is later found to be unreasonable then violation of that condition will not constitute grounds for revocation.

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If you are charged with violating the terms of your parole or probation or have questions relating to a potential probation offense, please call the Leading Houston Criminal Defense Lawyer the moment for a free of charge initial consultation.