How does probation work?
What is Adult Probation?
Probation is when a criminal court defers (puts off) a jail or prison sentence and orders a person to comply with certain Conditions of Probation. Conditions most often include reporting to a probation officer, paying fees/fines, performing community service, abstaining from the use of alcohol and drugs, and participating in drug or alcohol classes. If the person fails to comply with any or all of the Conditions of Probations, the judge may revoke probation and impose a jail/prison sentence instead.
The role of the probation officer is to monitor offenders to assure that they comply with the Conditions of Probation. The probation officer will directly supervise you throughout your term of probation. So long as you follow the conditions of probation, in general, a probation officer will not interfere with your everyday business.
Some common offenses that are probated in both Travis and Williamson County are DWIs, Assault with Bodily Injury, Possession of Marijuana, Possession of a Controlled Substance. When you are placed on probation for any charge, you must follow all conditions of probation as well as pay all fees and court costs, participate in alcohol/drug classes, and complete any required community service.
A SAMPLE probation term for a DWI 1st will look something like this:
1) 180 days in jail probated for 2 years. This means you will not spend any time in jail if you follow the terms of probation. However, if you are arrested for a subsequent offense or fail to follow your conditions of probation the judge can sentence you up to 180 days in jail.
2) 48-80 Hours of Community Service Restitution. You must complete 48-80 hours of community service prior to the expiration of your probation term. There is an 8 hour minimum per month; however there is no maximum requirement.
3) $2000 fine probating $1000 of the fine. You will be required to pay only $1000 of a $2000 fine so long as you follow the terms and conditions of your probation. If you violate the Conditions of Probation, the judge may require you to pay the remainder of the fine.
4) Possess a valid driver’s license and maintain insurance during the probation period. If a license suspension is ordered by the judge, we can ask that you receive credit for any license suspension already served.
5) Alcohol Assessment and Education Classes. If you have not already completed these prior to entering your plea, you will be required to complete all recommended classes prior to the expiration of your probation.
6) Court Cost. You will be allowed to pay the court costs out over time. Court cost for a DWI normally run between $350 and $450 dollars.
7) Probation fees. You will be responsible for paying probation a fee each month you are on probation. That fee is roughly $60-$70 a month.
This is just an example of the SOME of the types of fees and fines you may incur as a result of being placed on probation. The specific terms and conditions of probation in your case are given to you by the Probation Department and will be discussed with you at length at your probation orientation and first probation meeting.
If probation seems like a lot of work, it can be. However it is a great alternative for people who have busy work schedules, children or anxiety about returning to a jail setting. Although it is not an alternative for everyone probation is most often times a positive experience and an easy way to complete any obligations a person may have to the state for charges.
If you have questions about probation or a possible violation call me, Gabriella Young, immediately at (512)474-2530!
Disclaimer: This site and any information contained within this site is intended for informational purposes only and should not be construed as legal advice. The excerpts taken from the Texas Penal Code, and other Texas Codes are not all-inclusive. Furthermore, due to the rapidly shifting nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content at this site. Do not attempt to interpret the law. You should consult an attorney for advice on any legal matter.