Understanding Probation and Parole in Texas – Wilkerson & Campbell Law

Probation and parole are two forms of community supervision that allow individuals to serve their sentences outside of jail or prison, subject to specific conditions. In Texas, both probation and parole offer opportunities for rehabilitation and reintegration into society. At Wilkerson & Campbell, we provide expert legal guidance to individuals facing probation or parole hearings, helping them navigate these important aspects of the criminal justice system. (Texas Penal Code, Chapter 42A; Texas Government Code, Chapter 508)

What Is Probation in Texas?

Probation, also known as community supervision, allows individuals convicted of a crime to serve their sentence in the community under the supervision of a probation officer, rather than in prison. Probation is typically granted to defendants convicted of less severe crimes or those with no prior criminal history.

In Texas, probation can be granted for various offenses, including:

• Felony offenses, in certain cases

• Misdemeanor offenses, for first-time offenders

• Offenses where the defendant has shown a potential for rehabilitation

Probation conditions vary depending on the severity of the offense and the defendant’s criminal history, but may include:

• Regular check-ins with a probation officer

• Drug testing

• Community service

• Restitution to victims

• Attendance at counseling or rehabilitation programs

What Is Parole in Texas?

Parole is the conditional release of an inmate from prison before their full sentence has been served. Individuals on parole are released under supervision and must comply with specific conditions. In Texas, parole is determined by the Texas Board of Pardons and Paroles and is typically granted to individuals who have served part of their sentence and have demonstrated good behavior.

To be eligible for parole, the individual must meet certain criteria, including:

• Serving a portion of their sentence

• Demonstrating good behavior in prison

• Participating in rehabilitation programs

• Having a release plan in place, such as housing and employment

The conditions of parole may include:

• Regular meetings with a parole officer

• Employment or participation in educational programs

• Drug testing

• Restrictions on travel and association

The Probation and Parole Process in Texas

Both probation and parole require individuals to follow strict conditions. For probation, the court oversees compliance with probation conditions, while for parole, the Texas Board of Pardons and Paroles monitors the parolee’s behavior and compliance with parole conditions.

Key steps in the process include:

• Probation Hearing: The court decides whether to grant probation based on factors such as the defendant’s criminal history, nature of the crime, and potential for rehabilitation. (Texas Penal Code, Chapter 42A)

• Parole Hearing: The Texas Board of Pardons and Paroles reviews the inmate’s behavior in prison, rehabilitation progress, and potential for reintegration into society. (Texas Government Code, Chapter 508)

Violations of Probation or Parole

Failure to comply with probation or parole conditions can result in serious consequences, including:

• Probation violation hearings: If an individual violates probation, the court can revoke probation and impose a prison sentence.

• Parole violations: Violating parole conditions can result in the individual being sent back to prison to serve the remainder of their sentence.

Common probation or parole violations include:

• Failing a drug test

• Missing scheduled check-ins with a probation or parole officer

• Committing a new crime while on probation or parole

• Failure to complete rehabilitation programs or community service

Our Commitment to Defending Your Rights

At Wilkerson & Campbell, we understand that probation and parole are crucial opportunities for individuals to rebuild their lives outside of prison. Our experienced attorneys help clients navigate probation and parole hearings, ensuring their rights are protected and they receive the most favorable outcome possible.

Whether you’re seeking probation, defending against a probation violation, or appealing a parole decision, we are committed to providing expert legal guidance. Contact us at 844-849-9789 for a confidential consultation. Our team is here to assist you every step of the way.