When an alleged offender pleads guilty to or is convicted of a criminal offense, the court may sentence that person to a term of community supervision—the term that the 71st Texas Legislature changed adult probation to in 2003. Alleged offenders may be placed under community supervision for up to two years for a misdemeanor offense or up to 10 years for a felony.
As part of community supervision, individuals are often subject to numerous requirements and restrictions. Any violation of the terms of probation can lead to community supervision possibly being revoked and replaced with the jail or prison sentence for the original underlying crime.
Did you allegedly violate the terms of your community supervision in Collin County? You will want to be sure that you have legal representation before your hearing. Contact Law Offices of Richard C. McConathy today for help achieving the most favorable outcome to your case.
Richard McConathy and Brian Bolton are experienced criminal defense attorneys in Plano who represent clients in communities throughout Collin County, including Plano, Allen, Frisco, McKinney, and many others. You can have our lawyers provide a complete evaluation of your case when you call (972) 805-8855 to schedule a free initial consultation.
Judges handling criminal cases also determine the conditions of community supervision for an alleged offender. Under Texas Code of Criminal Procedure § 42A.301, a judge may impose “any reasonable condition that is designed to protect or restore the community, protect or restore the victim, or punish, rehabilitate, or reform the alleged offender.”
Conditions of probation can vary depending on the alleged offender’s prior criminal record and the nature of the crime he or she was convicted for, in addition to other factors. Generally, of the conditions most frequently imposed under community supervision include, but are not limited to:
Alleged probation violations may be technical or substantive. When an alleged offender commits a technical violation, it is usually the result of some kind of failure to satisfy a certain condition of his or her community supervision—such as paying a fine or meeting with a probation officer.
If an alleged offender commits a new criminal offense while on community supervision, it is considered a substantive violation. While isolated technical violations might result in little more than a warning, substantive violations or repeat technical violations can lead to the probation officer possibly requesting that the judge revoke the community supervision or add more conditions.
In certain cases, a supervision officer may seek a warrant for an alleged offender’s arrest. When people are accused of violating the terms of community supervision, they are entitled to a hearing at which they can attempt to explain or provide defenses as to the alleged probation violations.
Violation of community supervision hearings are not the same as criminal trials. Instead of a jury, the only person who hears the case and renders a decision is the judge who originally imposed the alleged offender’s sentence.
The State also has much lower burden of proof in these cases, only needing to prove an alleged violation by a preponderance of the evidence instead of beyond a reasonable doubt. The preponderance of the evidence standard means that essentially more than half of the evidence supports the State’s argument and the alleged offender “more likely than not” committed the alleged violation.
When a judge renders his or her decision after an alleged violation of community supervision hearing, the alleged offender’s probation may be reinstated without any changes, modified, or revoked. If the judge modifies the community supervision, changes could possibly include new or increased penalties such as:
If a judge revokes an alleged offender’s probation, it could result in that person receiving the maximum allowable jail or prison sentence for the underlying criminal offense.
Community Supervision and Corrections | Collin County — Visit this website to learn more about the Collin County Community Supervision and Corrections Department. You can download forms, read answers to frequently asked questions, and pay court-ordered financial obligations. The Collin County Community Supervision and Corrections Department has four office locations, including two located at the following address:
Collin County Courthouse
2100 Bloomdale Rd., Suite 12262
McKinney, TX 75071
Texas Department of Criminal Justice (TDCJ) — The TDCJ provides funding and certain oversight of community supervision in addition to being responsible for the supervision of offenders released from prison on parole or mandatory supervision. On this website, you can learn about the different divisions and departments of the TCDJ, read answers to frequently asked questions, and access other online services. You can also download annual reviews for every year going back to 2005.
If you allegedly committed any kind of violation of your community supervision in Collin County, it is in your best interest to make sure that you have legal counsel as soon as possible. Law Offices of Richard C. McConathy fights to protect the rights of clients in Allen, Plano, McKinney, Frisco, and many surrounding areas of Collin County.
Plano criminal defense lawyers Richard McConathy and Brian Bolton will work to make sure that you achieve the most favorable outcome possible that allows you to complete your community supervision and move on with your life. Call (972) 805-8855 or fill out an online contact form to have our attorneys review your case and help you understand all of your legal options during a free, confidential consultation.