What is unsatisfactory termination of probation?
Full Question:
Answer:
Community supervision, formerly called "probation," means that the defendant is released into the community under certain conditions set by the court and subject to court supervision. The maximum period of community supervision is ten years in a felony case; two years in a misdemeanor case (three years if extended by the judge). However, if the offense is indecency with a child, sexual assault, or aggravated sexual assault, the judge may extend the period of supervision for a period not to exceed 10 additional years. And the judge may extend the period in a misdemeanor case not to exceed an additional two years beyond the limit to pay the fine, costs, or restitution.
Basic conditions of community supervision include, for example, that the defendant: (1) commit no criminal offense; (2) report to the supervision officer as directed; (3) permit the supervision officer to visit at the defendant's home or elsewhere; (4) work faithfully at suitable employment and support his/her dependents; (5) remain within a specified place; and (6) pay restitution to the victim and any fine assessed and all court costs. Defendants placed on community supervision are supervised by community supervision officers, formerly called “probation officers.”
A defendant's eligibility for community supervision depends on factors including: (1) the type of community supervision; (2) the offense involved; (3) whether the defendant used or exhibited a deadly weapon or knew that a deadly weapon would be used or exhibited; (4) whether the defendant has previously been convicted of a felony offense or placed on community supervision; (5) whether the defendant pleads guilty or nolo contendere; (6) whether the judge or jury sets the defendant's punishment; and (7) whether the defendant is sentenced to a term of imprisonment exceeding ten years.
One type of community supervision is a regular com-munity supervision. The defendant is convicted and given a term of confinement which the judge immediately suspends and then places the defendant on community supervision.
In a deferred adjudication community supervision, after receiving the defendant's plea of guilty or nolo contendere, hearing the evidence, and finding that it substantiates the defendant's guilt, the judge defers further proceedings without entering an adjudication of guilt and places the defendant on community supervision. Unlike the other types of community supervision, if the defendant successfully completes the supervision period, the judge is required to dismiss the proceedings and discharge the defendant. However, if the defendant violates a condition of the deferred adjudication community supervision, the defendant may not appeal the court's decision to proceed with the adjudication of guilt on the original charge.
Finally, in a continuing jurisdiction community supervision (formerly called "shock probation") or state boot camp program, the defendant is convicted and given a sen-tence requiring confinement. After serving a set period of confinement, the judge may suspend further execution of the sentence and place the defendant on community supervision.
At any time during the period of any community supervision, the prosecutor may file a motion to revoke and the judge may issue a warrant for violation of any of the con-ditions of the supervision and cause the defendant to be arrested and held without bond until a hearing within 20 days after demand. The state must prove by a preponder-ance of the evidence (greater weight and degree of credible evidence) that the defendant violated the conditions of the community supervision. After a hearing without a jury, the judge may either continue, extend, modify or revoke the community supervision or, in a deferred adjudication com-munity supervision, proceed to adjudication. In a deferred adjudication, the judge may assess the full range of punish-ment prescribed for the offense; if it is one of the other types of community supervision, the judge may not go beyond the original term of confinement. No part of the time that the de-fendant is on community supervision shall be considered as any part of the time that he/she shall be sentenced to serve.
It would be recommended that you meet with your parole officer to examine the effect of the termination of community supervision and perhaps meet with a local criminal defense attorney to learn more about your rights and the risks of being re-arrested.
Double jeopardy laws prevent you from being adjudicated twice for the same offense. Violation of probation does open the door to prosecution of that offense since the probation was a condition of the adjudication completion.