When a judge in Bexar County grants you community supervision, it often feels like a second chance. It is an opportunity to stay in your home, keep your job, and remain with your family while serving a sentence. But this freedom is conditional. If you fail to meet even one requirement, you may find yourself asking: Can you go to jail for a probation violation in San Antonio?
The short answer is yes. In Texas, a violation of community supervision can lead to an immediate arrest and, ultimately, the revocation of your probation. However, incarceration is not always a foregone conclusion. The outcome of your case depends on the nature of the violation, the type of probation you are on, and the strength of your legal defense.
Understanding Community Supervision in Texas
In San Antonio, what most people call probation is officially known as community supervision. It is governed by Chapter 42A of the Texas Code of Criminal Procedure. When you are placed on supervision, the court suspends the imposition of a jail or prison sentence, allowing you to serve that time in the community under specific rules.
There are two primary ways you can be “on paper” in Texas:
- Straight Probation (Regular Community Supervision): You have been found guilty and sentenced to a specific term of confinement, but the judge suspends that sentence.
- Deferred Adjudication: The judge finds there is enough evidence to find you guilty, but “defers” that finding. If you complete the term successfully, the case is dismissed without a formal conviction on your record.
Each type carries different risks if a violation occurs.
Common Reasons for Probation Violations
The Bexar County Community Supervision and Corrections Department (CSCD) monitors thousands of individuals. Violations generally fall into two categories: technical and substantive.
Technical violations involve failing to follow the administrative rules of your supervision. The violations include missing a monthly check-in at the probation office on N. Comal St., failing to pay court costs, or failing to complete community service hours. Substantive violations are more serious and typically involve being arrested for a new criminal offense while still on probation.
The Legal Process: MTR vs. MTAG
If your probation officer believes you have violated your terms, they will notify the District Attorney’s office. Prosecutors may then file a formal motion with the court.
If you are on straight probation, they file a Motion to Revoke Probation (MTR). If you are on deferred adjudication, they file a Motion to Adjudicate Guilt (MTAG) under the Texas Code of Criminal Procedure Art. 42A.751, a judge can issue a warrant for your arrest once these motions are filed.
One major difference involves your right to a bond. In an MTAG case, you are generally entitled to a bond while waiting for your hearing. In an MTR case, however, the judge has the discretion to hold you in the Bexar County Jail without bond until your hearing date.
What Happens at a Revocation Hearing?
A probation violation hearing is not the same as a criminal trial. There is no jury; a judge alone decides your fate. Furthermore, the burden of proof is much lower. In a standard trial, the state must prove guilt beyond a reasonable doubt. In a revocation hearing, they only need to prove a violation by a preponderance of the evidence. This means they only have to show it is more likely than not that you broke the rules.
If the judge finds that a violation occurred, they have several options:
- Continue or Modify: The judge may leave you on probation but add stricter conditions, such as more frequent drug testing or electronic monitoring.
- Extend: The judge can add more time to your original probation period.
- Jail Sanctions: The judge may order “shock jail time,” where you serve a short period in the county jail before being released back onto probation.
- Revocation: This is the most severe outcome. The judge cancels your probation and sentences you to serve time in jail or prison.
Potential Sentences After Revocation
If your straight probation is revoked, the judge can sentence you to the term of imprisonment that was originally suspended. For example, if you were sentenced to five years in prison, suspended for five years of probation, the judge can send you to prison for those five years.
If your deferred adjudication is revoked, the stakes are even higher. Because you were never formally sentenced, the judge can sentence you to any term within the full statutory range for that original crime. A second-degree felony, for instance, could result in a sentence of 2 to 20 years in the Texas Department of Criminal Justice.
How We Approach Your Defense
Facing a motion to revoke is a high-stakes situation that requires an assertive defense. We understand how the Bexar County court system operates because we have seen it from both sides. Our team consists of former high-level prosecutors who understand the tactics the state uses to prove violations.
We don’t just accept the probation officer’s report as fact. We investigate the circumstances. Did a medical emergency cause you to miss a meeting? Is a “diluted” drug test actually the result of a medical condition or dietary supplement? We work to present you as a person, not just a case number, highlighting your employment, family ties, and overall compliance to argue for continued supervision rather than incarceration.
Contact LaHood Norton Law Group, PLLC Today
If you suspect there is a warrant for your arrest, or you were notified of a pending motion to revoke, time is not on your side. Addressing the issue proactively is often the difference between staying free and going to jail. We provide the sophisticated, high-stakes defense required for serious legal situations.
Our attorneys bring a unique perspective to every case, utilizing their experience as former prosecutors to anticipate the state’s moves. We are selective about the cases we take because we believe in providing high-quality, personalized service to every client.
Contact LaHood Norton Law Group, PLLC today at 210-750-4490 to discuss your situation.
