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What Happens if You Break the Rules of Your Probation?


A person arrested and convicted of a crime may be granted a period of probation as an alternative to incarceration. It is imperative that any person on probation strictly comply with the terms. What happens if you break probation? In Texas, you could be subject to an immediate arrest. Probation could be revoked, and you may even face additional criminal charges. Here, our San Antonio probation violation defense attorney provides a more detailed overview of the key things to understand about what will happen if you break the rules of your probation in Texas.

Probation is Community Supervision: Terms Will Vary Based on Specific Situation

Probation is also often referred to as community supervision. It is effectively a form of supervised release. Under the Texas Code of Criminal Procedure Art. 42A.001, community supervision is defined as “the placement of a defendant by a court under a continuum of programs and sanctions, with conditions imposed by the court for a specified period.” Put another way, probation allows a person to avoid jail in exchange for submitting to ongoing monitoring. The terms of a person’s probation will vary depending on the specific circumstances of the case. Common terms include:

  • Regular check-ins with an assigned probation officer;
  • Paying court costs and other legal fees;
  • Staying away from certain people or places;
  • Holding down a job or actively looking for employment;
  • Submitting to drug or alcohol monitoring;
  • Abiding by a curfew; and
  • Avoiding new criminal offenses.

The Consequences for Violating Probation in San Antonio, Texas

What will actually happen to you if you violate the terms of your probation in San Antonio, Bexar County, or elsewhere in South Central Texas? The answer depends on a number of different case-specific factors—including the severity of the breach and your history of prior violations (or lack thereof). Here is an overview of the potential consequences:

  • A Warning: A minor and/or first-time breaking of probation may be met with a simple warning. For example, if one person misses one check-in with a probation officer after many months of full compliance, they may be issued a warning.
  • Modified Probation (More Strict): Probation can be modified to address a violation. A person could be subject to more strict terms if they violate their existing probation.
  • Extended Probation: The length of probation depends, in part, on compliance. If a person violates their probation, they may have their probation extended.
  • Revocation of Probation (Jail): Probation can be revoked, and a person can be immediately arrested for a violation. In other words, breaking probation can lead to jail.

Contact Our San Antonio Probation Violation Defense Lawyer Today

At Hoelscher Gebbia Cepeda, PLLC, our San Antonio probation violation attorneys are standing by, ready to help you find the best solution for your specific situation. Were you accused of breaking your probation? We can help. Contact us now for your confidential, no-obligation consultation. From our San Antonio office, our firm handles probation violation cases throughout South Central Texas.