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Last Modified on Jun 11, 2026
Being placed on probation can provide an opportunity to avoid jail or prison time, enabling you to stay in the community. However, probation comes with strict conditions that must be followed. If you have violated these terms or are being accused of a violation, you are likely wondering, “What happens when you violate probation in Texas?”
Harris & Harris Law Group, PLLC, can explain what happens after a probation violation. We can also defend you if you are facing these allegations.
What Is a Probation Violation?
Probation, or community supervision, is an alternative to serving a sentence in jail or prison. While on probation, you are allowed to remain in the community and move forward with your everyday life, but you will be under the supervision of the court. This supervision involves being monitored and adhering to strict conditions. At the end of 2023, it is estimated that 3,772,000 adults were on probation or parole in the United States.
Probation violations happen when you do not meet the terms of your probation. One condition of probation is not committing any crimes. If you are charged with a new offense while on probation, this can trigger a probation violation.
However, not all probation violations involve a new crime. Technical violations involve non-criminal violations of probation conditions. In 2023, more than 110,000 people were admitted to prison due to technical violations while on probation or parole. Examples of these include:
- Missing a meeting with a community supervision officer (CSO)
- Failing a drug or alcohol test
- Not paying probation fees
- Violating travel restrictions
- Failing to keep your contact information up to date
How a Probation Violation Is Reported
In most cases, a CSO submits a report if they believe that you have violated your probation. However, other times, a probation violation case may be started because of an arrest.
Once a report of a violation is filed, a prosecutor can then file a motion to revoke probation or adjudicate guilt. This motion requests that the court review whether you are guilty of violating your probation.
What to Know About a Probation Violation Hearing
A hearing in a probation violation case is not the same as a criminal trial. In this hearing, prosecutors must prove that you are guilty of violating your probation by a preponderance of the evidence, which means you are more likely to be guilty than not.
The hearing is typically handled by the same court that originally handled your criminal case. For example, if your criminal trial occurred in Criminal District Court #1 in Dallas County, your probation hearing can be held in Criminal District Court #1 in Dallas County at the Frank Crowley Courts Building at 133 N. Riverfront Boulevard.
During the hearing, the prosecution can present evidence and witnesses. You then have the opportunity to present evidence and witnesses in your defense. If you hire a probation violation lawyer, they can prepare arguments and evidence for this hearing.
If the court finds that a violation has occurred, a judge can then decide on the probation violation. In Texas, these often include:
- Extending the length of probation
- Continuing probation but adding stricter probation conditions
- A short jail sentence; then, returning to probation
- Revoking probation and serving a sentence in jail or prison
What to Do After a Probation Violation
If you learn that you are accused of violating your probation, contact a Texas probation violation attorney as soon as possible. They can improve your chances of continuing probation and avoiding negative consequences, such as imprisonment. You should also:
- Follow all notices from the court or your county’s probation department.
- Adhere to all probation requirements while the probation violation case is ongoing.
- Gather documents and other evidence that can be used to prove that you were complying with your probation conditions.
- Avoid discussing your case with anyone other than your attorney.
Why You Should Hire a Probation Violation Lawyer From Harris & Harris Law Group, PLLC
At Harris & Harris Law Group, PLLC, we have been protecting those on probation for over 12 years. Our lead attorneys, Kevin Harris and Keith Harris, have a deep understanding of probation violations and how to pursue positive outcomes in these cases.
We believe that you deserve a second chance. We can work tirelessly to keep you out of Texas’s jails and prisons so you can move forward after criminal charges.
FAQs
What Happens If You Violate Probation for the First Time in Texas?
The specific outcome of a first-time probation violation depends on the outcome of a hearing. For many first-time violations, judges may be more likely to allow probation to continue, or they may modify the length or terms of your probation. More serious probation violation consequences, such as revocation of probation, are less common for first-time violators. However, they are still possible, especially for serious violations.
What Is the Most Common Probation Violation?
The most common probation violation is a technical violation, which involves failing to meet the conditions of probation, but there is no illegal activity. Of federal probation violations, 54.9% were Grade C, the least serious classification, which includes these technical offenses. Some examples of common technical violations include missing appointments with your CSO or not adhering to travel restrictions.
What Happens If You Have a Warrant for a Probation Violation in Texas?
If a judge issues a warrant for a probation violation, law enforcement may locate you and arrest you. In some cases, you may remain in custody until your hearing. Having a warrant for your arrest can lead to unexpected arrests at your home, workplace, or other places. As soon as you learn that a warrant may exist, or when you are arrested, you should contact a Texas probation violation attorney.
How Long Do You Sit in Jail for a Probation Violation in Texas?
There is no set amount of jail time for a probation violation in Texas. You may spend up to a few days in custody while awaiting your hearing, and then not have any jail time. However, if the court revokes probation, you may be required to be in jail or prison for your entire sentence, which could be months or even years.
Contact Harris & Harris Law Group, PLLC
A probation violation should not be taken lightly. These cases can have lasting repercussions on your freedoms and rights. If you are looking for aggressive legal representation and strategic guidance, contact Harris & Harris Law Group, PLLC.
