Probation Revocation, Community Supervision Revocation

What is it? A Probation Revocation is a formal proceeding in which the defendant is accused of breaking a term of the probation. With a Revocation, the Court and/or Probation is seeking is terminate the probation and sentence the defendant to jail or prison.

What are the Punishments? Punishments can range from the minimum sentence allowed by law, depending on the original charge, to the maximum penalty the Judge proscribed at sentencing.

 

CODE OF CRIMINAL PROCEDURE, TITLE 1,  CHAPTER 42. JUDGMENT AND SENTENCE Art. 42.12. COMMUNITY SUPERVISION.

Art. 42.12. COMMUNITY SUPERVISION. Authority to Impose, Modify, or Revoke Community Supervision, Violation of Community Supervision: Detention and Hearing, Sec. 21. (a) At any time during the period of community supervision the judge may issue a warrant for violation of any of the conditions of the community supervision and cause a defendant convicted. (b)  At any time during the period of community supervision the judge may issue a warrant for violation of any of the conditions of the community supervision and cause the defendant to be arrested. Any supervision officer, police officer or other officer with power of arrest may arrest such defendant with or without a warrant upon the order of the judge to be noted on the docket of the court. A defendant so arrested may be detained in the county jail or other appropriate place of confinement until he can be taken before the judge. Such officer shall forthwith report such arrest and detention to such judge. If the defendant has not been released on bail, on motion by the defendant the judge shall cause the defendant to be brought before the judge for a hearing within 20 days of filing of said motion, and after a hearing without a jury, may either continue, extend, modify, or revoke the community supervision. A judge may revoke the community supervision of a defendant who is imprisoned in a penal institution without a hearing if the defendant in writing before a court of record in the jurisdiction where imprisoned waives his right to a hearing and to counsel, affirms that he has nothing to say as to why sentence should not be pronounced against him, and requests the judge to revoke community supervision and to pronounce sentence. In a felony case, the state may amend the motion to revoke community supervision any time up to seven days before the date of the revocation hearing, after which time the motion may not be amended except for good cause shown, and in no event may the state amend the motion after the commencement of taking evidence at the hearing. The judge may continue the hearing for good cause shown by either the defendant or the state.

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