“Misdemeanor attorney near me” is the search term you would want to search for on Google if you have been charged with a misdemeanor. Better yet, contact The Medlin Law Firm in Dallas for assistance.
Should you be found guilty of a misdemeanor, you should not fail to appreciate the seriousness of the consequences that may follow. Probation may be one of the possible outcomes. This article reviews the probation system in Texas.
Probation In Texas
The Texas courts might order a person to be placed on probation.
When you are pronounced guilty of committing a crime, you may be offered probation until the case is resolved. As long as you are under the regular supervision of a Texas probation officer, you are permitted to remain as part of the community. Probation, on the other hand, is not accessible for all types of criminal offenses.
There are defendants who are required to complete an incarceration term without the option of being placed on supervised probation. The success of your attorney negotiating an agreement is also a factor.
With each category of probation, the rules for probation will differ. An individual who is required to report regularly to a probation officer falls into one of three categories under Texas law: supervised probation, unsupervised probation, and supervised probation with conditions.
Community Or County Probation
For offenses such as larceny, community supervision or county probation may be required. This category of probation applies to adult offenders, who have been sentenced and are over 18. The majority of the time, an offender under community supervision report to his or her probation officer at least monthly.
Federal Probation
This category includes federal offenses and juvenile probation, as well as acts of juvenile delinquency such as theft by a child.
Informal Probation
Informal probation in Texas entails abiding by a set of rules that have been established by the court. This also referred to as non-supervised probation or sometimes as summary probation, is a type of probation in which the offender is not under the supervision of the court. Completing a specified number of hours carrying out community service and refraining from carrying out a new offense during informal probation are typical requirements for informal probation.
Probation Fees
Many people do not understand that there are “probation fees” that are paid by those who are on probation in the state of Texas. In addition, they are not inexpensive. Defendants who have successfully negotiated to avoid incarceration through the use of a probation agreement must pay money to the state as part of the probation deal.
The payment of money to their probation officers is a regular and routine requirement for all defendants who are on probation. If they fail to comply, this is considered a breach of their agreement, and they will be sentenced to prison. Cash does not always have to be collected by the probation officers.
In the case of Dallas and Denton Counties, for example, individuals on probation can pay online, using a card. Probation fees can be used to finance a varied range of expenses. The probation department charges a fee to pay the costs incurred for supervision. The charge for a Pre-Sentencing Report used by the judge to decide on probation may also be included.
Difficulty In Paying Probation Fees
According to the Texas Center for Justice & Equality, in Texas around one-third of people entering state prison do so because of revocation of probation.
Many defendants are not in a position to afford the probation fees because they lack the financial means to do so. They can be paid on a monthly basis in an amount equal to or greater than a car payment, an apartment’s rent, or food for the family. People on probation are frequently incarcerated, not because they have been involved in more crimes or become a danger to themselves or others, but because they were unable to raise the necessary funds to pay the monthly probation charge.
As a result, each individual defendant must carefully evaluate whether they should commit to paying these fines to resign themselves to choosing a time served in prison. Some defendants simply throw their hands in the air and accept jail time because it is less expensive. Having a misdemeanor attorney can be quite beneficial: it is part of any criminal defense to study what these prospective fees will be in any probation sentence and to debate the numbers as part of the bargain as part of the process.
What Is The Duration Of Probation?
It depends on the category of offense that was carried out by the individual. When it comes to probation in Texas, it normally lasts 12 to 36 months, although it could last for an extended period that relates to the basis for the conviction. Occasionally individuals may be subject to a longer probationary sentence if their crime is connected to drugs or sexual offenses.
Failure To Stick To The Terms & Conditions
Specific conditions may be imposed on an individual over their probation period. The individual may be instructed to meet a probation officer at pre-arranged times, He/she may also appear in court for scheduled appearances, be instructed to avoid named people or locations, be restricted from going outside of Texas without the permission of the probation officer, and otherwise comply with the laws of Texas (and this will include minor violations such as jaywalking).
The court is possibly going to put custom restrictions on the individual based on the category of offense that he or she has carried out. For example, if your conviction is related to drugs, the court can order you to join a drug treatment regime or undertake frequent drug testing.
If you were convicted of an offense connected with a gang, your supervisor may order that you avoid certain individuals or group members. It is critical that you treat your probation as a serious matter. Because probation should protect the safety of the general public, the term “community supervision” is occasionally used to refer to the process of probation. If you violate any detail of your probation, it is conceivable that the wider community will no longer be as safe as it should be.
You will be in breach of your agreed probation agreement should you not comply with any of the terms or regulations stated in your probation agreement over the course of your probation period. It is very likely that you will be warned about a potential probation violation, or that the probation supervisor will insist on your appearing in court for breaching probation.
If a judge decides you breached the probation, it may be possible to face extended, fresh periods of probation, large financial penalties, revocation of the probation, incarceration, or more. Don’t break any of the probationary restrictions. Should you do so, it’s probable you must once again go before the judge. You could be sentenced to be incarcerated if you do not stick to your probation in certain conditions.
What Does Misdemeanor Probation Cost?
It is fairly uncommon for probation agencies to not disclose a schedule of fees to the general public when it comes to the expense of probation. The criminal on probation, on the other hand, is often required to pay a particular sum each month.
He or she may also be required to pay a monthly fee to help offset the costs of a public defender’s services. It is critical for the defendant and his or her family to understand that the public defender does not represent them for free during a criminal court hearing.
Frequently, public defenders are juggling hundreds of cases at the same time. If found guilty, the defendant will be required to reimburse the state for the use of this resource. The hiring of a professional misdemeanor attorney who will have the time to adequately represent you may be preferable in some circumstances. The Medlin Law Firm, in Dallas, is available for misdemeanor cases.
Terms Of Probation
Probation may include the following conditions:
- Abstaining from committing new offenses
- Meeting with your designated probation officer on a regular basis (typically monthly)
- Abstaining from the use of drugs and/or alcoholic beverages
- Avoiding going to bars and/or nightclubs is encouraged.
- Attending treatment, rehabilitation, therapy, or counseling that has been mandated by a court of law (at a cost to you)
- Drug testing on a regular basis (at a cost to you)
- Participating in community service
- Making reparation to victims
- Keeping up with probation, and other court-ordered obligations
- Maintaining compliance with your financial obligations (such as supporting your family)
You will notice that in addition to the costs of probation, some of these conditions add further costs to the probationer. This can build up to be expensive. It is essential that if you agree to probation, you are confident that you can meet these obligations.
You may also be subject to house inspections and even restrictions on where you can travel and for how long you can stay away from home. The terms of your probation can differ depending on the nature of your offense and the other factors of your case.
If you are wondering “Is there a misdemeanor attorney near me?” contact The Medlin Law Firm for a free consultation.
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