Why Probation Can Sometimes Be A Bad Idea

Why Probation Can Sometimes Be A Bad Idea

Probation can be an attractive option over to going to jail for certain charges, but there are several things to consider before agreeing to this condition. Learn more about probation in Texas below, then, if you have questions about probation or a recent case, our Galveston County criminal defense lawyer at Mark Diaz & Associates can help today.

What Are The Types Of Probation In Texas?

Probation in Texas is an alternative to jail time that allows an offender to live and work in the community, support their family, receive rehabilitative services, and provide restitution to victims, in some cases. Probation also may be called community supervision in Texas. There are two types of probation:

Deferred Adjudication Probation

Deferred adjudication probation is a type of probation that may allow you to keep a criminal conviction from your record. After you plead ‘guilty’ or ‘no contest,’ the judge may opt not to enter a guilty finding. Instead, you could be put in a deferred adjudication program. Note that only a judge can assign deferred adjudication, not a jury.

If you were charged with a felony, receiving deferred adjudication is a preferable way of dealing with your charge by keeping you out of jail. If you complete the terms of your probation, your case is dismissed. You will not have a conviction for the crime on your record.

However, if you violate your probation during deferred adjudication, the judge may take you off probation and send you to jail. This can be up to the maximum sentence for your charge.

If you complete your deferred adjudication successfully, you could be eligible to petition the court for a non-disclosure. In this case, the court will seal the court record from the public. Certain government entities can still see the court proceedings, even if the record is sealed. But the motion of non-disclosure can be helpful to prevent the record from showing up in the public record. Talk to your attorney if you have questions about what will show on your criminal record.

Straight Probation

Regular probation is when the judge finds you guilty of your offense and gives you a probation period. Your conviction for the crime will hit your record right away. Unlike deferred adjudication, you are given regular probation after being found guilty. Because this sentence has been probated, a jury may probate criminal offenses after the trial. The judge can impose the original jail or prison sentence if you violate regular probation.

When you take straight probation, you agree to plead guilty or no contest. The judge accepts the plea and finds you guilty. Then, you are sentenced to jail or prison, but instead of sending you behind bars, the judge probates the sentence. This allows you to be sent into the community supervision program to get your probation restrictions and requirements.

Note: You do not want ever to violate regular probation. You were found guilty of the crime and received a sentence. Your probational status may be revoked, and the original sentence will be imposed if you break probation. Even if you completed 95% of your probation, you will get up to the sentence the judge imposed upon conviction.

What Are The Conditions Of Texas Probation?

While on probation, you must follow your conditions and restrictions closely. If you violate them, break the law, or use drugs or alcohol, you could go to jail.

Can you leave town when on probation in Texas?

You may only leave town if you have your probation officer’s permission. Because you need permission to leave the county, speak to your probation officer about travel plans at least a few weeks in advance. Your probation officer will issue a travel permit if your plans are approved.

Can you move when on probation?

If you want to move outside the county, you need your probation officer’s permission. If you get permission, your probation officer will arrange to have you report to an officer in the new location. Your probation officer always has to know where you live, and you must always get permission to move.

What is the policy if you change jobs?

You must tell your probation officer immediately if you are unemployed or switch jobs.

Are you tested for drugs and alcohol?

Yes, you will take breathalyzer and urine tests that test for drugs and alcohol.

What happens if you violate a condition of probation?

Your probation officer will immediately act if you do not follow your probation terms. You could have a warrant issued for your arrest. Or, the judge could order you back to court to place more conditions for your probation. You also could have your probation revoked and be sent back to jail.

What are common probation violations?

In an ideal world, you will not violate the terms of your probation, but violations happen. The most common ones are committing a new offense, failing a drug or alcohol test, not showing up to a probation appointment, not attending a mandatory class, and not attending community service hours.

Can your probation be terminated early?

Yes, in part. Probations for certain offenses can be terminated early. The end date can be moved forward if you meet all probation requirements. But you cannot have violated any probation conditions to have it ended early.

What Are The Drawbacks Of Probation?

While probation can have disadvantages, it also is a valuable way to provide a chance for rehabilitation in some cases and may reduce the strain on the criminal justice system. The judge will weigh carefully if you should be given probation instead of jail time. If you get some form of probation, stay in close contact with your attorney and probation officer. Make sure you do not violate any probation terms, or you could quickly be sent to jail.

Also, deferred adjudication may sound like a preferable outcome, and it can work out well, but there are things to keep in mind. For example, even if you fulfill the terms of the deferred adjudication, Texas government agencies will still be able to access your arrest information.

Even if your charges are dismissed, and the court revokes probation, the fact that you were on deferred adjudication is in the criminal justice system. Potential employers, unfortunately, may see this note on your record as a conviction. This is a significant downside for people who deal with these agencies when applying for government services or employment. Here are other problems with probation for some defendants:

Lack Of Deterrence

Probation can be effective for some defendants who do not have serious criminal records and want to stay out of jail. But others may not find that probation is a sufficient deterrent to severe convictions. However, the threat of being sent to jail or prison may motivate some offenders to stay clean and obey the rules.

Repeat Offenses

Some people on probation may re-offend and disregard the terms and conditions of the probation. This could put the public at risk. Also, it may begin a cycle of re-offending that does not address the underlying problems that caused the criminal behavior.

Inadequate Supervision

Probation supervision may vary in quality and intensity, with much of the outcome depending on the individual probation officer. Many probation officers may need help with cases, making offering enough support and supervision hard. This can lead to offenders being out of touch with their parole officers, potentially causing them to re-offend.

Inequity

There may be disparities in how probation is given to offenders based on their race, economic status, or geographic area. This can cause people from disadvantaged backgrounds to get harsher terms.

Burdensome On Offenders

A common problem with probation is that it can burden offenders excessively. Offenders must report regularly, stick to a curfew, and take mandatory drug and alcohol tests. These requirements can make keeping a job, attending school, and maintaining personal relationships challenging. Also, one minor mistake can revoke the probation and send the offender to jail for the entire term.

Dearth Of Resources And Support

The probation system may lack the resources and support to help offenders successfully get through probation and reintegrate into the community. They also could have inadequate access to job training, education, mental health services, and services to treat substance and alcohol abuse.

Talk to your attorney today about the various options to resolve your case. For many offenders, regular probation or deferred adjudication are preferred resolutions, but you need to understand the terms of each.

Contact Our Galveston County Criminal Defense Lawyer

Regular probation or deferred adjudication can be good choices to resolve your case, but there are multiple factors to consider. Our Galveston County criminal defense lawyers at Mark Diaz & Associates can help understand the legal options, so call (409) 515-6170.