PROBATION VIOLATIONS

If you are currently on probation or thinking about taking probation as part of a plea bargain agreement, there are some things you should keep in mind. It's not as easy as it may sound.

Probation or deferred adjudication often seems like the best solution for a difficult situation. If you are charged with a criminal offense, your basic options include jail time, probation, deferred adjudication, and trial. That is, assuming you are eligible for probation, which you generally are if you are a first time offender. Most people avoid jail time like the plague. However, that may be a mistake. Here's why.

When the court places you on probation, or deferred adjudication, there are certain terms and conditions that you have to meet in order to successfully complete your probation and forego any jail time. Generally, you have to pay court costs and fines, not commit any new law offenses, complete a certain amount of community service hours, report to your probation officer, take a random urinalysis, drug and alcohol evaluation and possibly treatment, maintain employment, and possibly many more conditions depending on the specific offense. This all sounds fine and manageable until you realize that one slip up, one failure to report, one month of not completing your community service hours, one dirty urinalysis, can land you back into court facing a probation violation and a judge who feels like they've already done you a favor by placing you on probation in the first place.

When this happens and you find yourself in court for a probation violation, the judge can revoke your probation and sentence you to the full range of punishment. The most common mistakes probationers make are failing to report to their probation officer, failing to pay fines and court costs on time, and failing to complete their community service hours. Being placed on probation is a serious matter and requires a tremendous commitment on the probationers' part. Though initially it sounds much better than jail time, you have to ask yourself if you are a good candidate for probation. Are these commitments you can uphold? Can you make your probation a priority for the duration of the probation period?

Going to jail as an alternative might not sound so bad for someone who knows they will one day be back in court facing a probation violation. You serve your time, then you're out and it's done, over with. The only difference with probation versus jail time is just that. With probation, you are still convicted of the offense, but your jail sentence is probated and as long as you comply with all of the conditions of probation, you won't have to go to jail. Deferred adjudication, on the other hand, means that you are not convicted of the offense and if you have the option of deferred adjudication, that's usually the better choice.

If you are facing a criminal charge, make sure you consult with an attorney to discuss your case. Your best choice may be taking your case to trial with an attorney you trust and who is experienced.

Helen Simotas became licensed to practice law in Texas in 1996 after graduating from St. Mary's University School of Law. Ms. Simotas is also a graduate of Gerry Spence's Trial Lawyers College.
No information in this article is intended to constitute legal advice. For specific legal advice, please contact an attorney.