In Texas, people can find themselves under community supervision and probation. The terms “community supervision” and “probation” mean the same thing in Texas and are often used interchangeably. Under community supervision, someone who may be found otherwise guilty of an offense can continue to live at home, work, support his or her family etc. under the community supervision program. During this time, the guilty party has certain restrictions and if he or she violates the terms of the community supervision program, then the case may be live and therefore subject to harsher punishment.
Parole
Parole is not the same as community supervision or probation. Parole occurs after one was in jail and is then paroled. Community supervision comes without any jail time and prescribes a program for the violater to stay out of jail, provided that he or she complies with the rules. Parole, on the other hand, is usually part of the prison sentence.
In reality, the rules for parole and the rules for community service are often similar.
Restrictions
When a person is part of the Texas community service program, he or she must get permission for various things. Permission requests are submitted to the defendant’s Probation Officer. For instance, if a person wishes to travel outside his or her specific area, he or she must obtain permission from the relevant Probation Officer. A similar permission requirement occurs when someone wants to move away from the area.
Other requirements are asking the assigned Probation Officer to change employment or to inform the probation officer that he or she in unemployed. Another important requirement is that the person serving in the community supervision program must submit to regular drug tests. Failing a drug test may be in violation of the community service program, thereby sending the violater to prison.
Crimes Not Eligible for Community Supervision
Not all those convicted of crimes be given community supervision in lieu. The following crimes are outside the scope of being granted community supervision:
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Aggravated kidnapping
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Aggravated robbery
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Aggravated sexual assault
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Burglary
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Capital murder
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Compelling prostitution
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Criminal solicitation cases that are punishable as a felony of the first degree
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Drug cases where a child is used in the commission of the offense, or the offense took place within 1,000 feet of a school or on a school bus
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Indecency with a child
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Injury to a child, elderly individual, or disabled individual, if the offense is punishable as a felony of the first degree
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Murder
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Sexual assault
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Sexual performance by a child
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Trafficking of persons
These offenses are known as “3G’ offenses because they are listed in section 3(g) of 42.12 of the Code of Criminal Procedure.
Early Discharge
When you are in the community supervision program and have substantially complied with your program, you may be eligible for early discharge. Speak with a lawyer who has experience with filing documentation to obtain early discharge for those in the community supervision program.
Have you been arrested? You have rights and therefore need an advocate to defend those rights. Contact the criminal defense law firm of Christopher Abel.
(image courtesy of Victor Garcia)