Written by attorney Richard Timothy Jones

Community supervision violation in Travis County

In addition to new charges, persons go to court for violations of community supervision. Community supervision was previously called probation and many people still refer to it as probation. The docket code is APR which stands for application to revoke probation. There are two types of probation. There is regular probation which is a conviction but the person is not sent to jail or prison unless they violate the conditions of their probation. The other type is deferred adjudication. In a deferred adjudication the person pleads guilty but is not found guilty. The differences between the two will be discussed more fully later. A person on felony deferred or regular probation is not entitled to a bond if a warrant is issued alleging violations of the supervision such as a positive drug test. A person with no bond set is entitled to a hearing within 21 days. A person accused of violating a felony or misdemeanor supervision will be set before the court that placed them on supervision. They will not be assigned to a new court. If they have been charged with a new offense, the new offenses will be set in the same court as the court that placed them on supervision. Unlike new offenses, the plea negotiating on felony revocations is done with the judge. Many times the judge will offer less than the maximum time the person could receive. If a plea is not worked out the person will be scheduled for a revocation hearing. Some misdemeanor judges will let the prosecutor make an offer on the revocation. There are seldom any "pretrial" hearings on probation revocation cases. One exception is if the person stopped reporting and the probation department failed to use due diligence in locating the person. Anyone accused of violating their supervision should get a lawyer.

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